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L.A.M. RECOVERY v. DEPARTMENT OF CONSUMER AFFAIRS

No. 04 Civ. 0701(LAK).

377 F.Supp.2d 429 (2005)

L.A.M. RECOVERY INC., Plaintiff, v. The DEPARTMENT OF CONSUMER AFFAIRS, et al., Defendants.

United States District Court, S.D. New York.

July 20, 2005.

Attorney(s) appearing for the Case

Ronald P. Hart, New York City, for Plaintiff.

Gabriel Taussig, Dana Biberman, Sheryl Neufeld, Assistant Corporation Counsels, Michael A. Cardozo, Corporation Counsel of the City of New York, New York City, for Defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff, who was in the business of repossessing vehicles, now alleges that a city ordinance requiring tow truck operators to obtain a towing license violates the Commerce Clause of the U.S. Constitution. Defendants move for summary judgment dismissing the complaint.

Facts

Plaintiff's Dispute with the City

This Court already has dismissed two of plaintiff's three claims...

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