Spota v. Astra Motors, 28 A.D.3d 471, 813 N.Y.S.2d 194 (2d Dep’t 2006)

March 10, 2024

After the lower court granted motion to dismiss forfeiture claims and ordered the return of all restrained funds to client, plus interest, Appellate Division, on issue of first impression, held that, although client was entitled to all interest actually earned on restrained funds, it was not entitled to interest at the statutory rate because New York civil forfeiture law has a specific provision that overrides general law and requires proof that defendant’s property was restrained in bad faith, which was not supported by the record.

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