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164th BRONX PARKING, LLC v. CITY OF NEW YORK

14232/2007.

2008 NY Slip Op 28251

164TH BRONX PARKING, LLC, Petitioner, v. CITY OF NEW YORK, DEPARTMENT OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK, JONATHAN MINTZ, individually and in his capacity as Commissioner of the Department of Consumer Affairs of the City of New York, and ELIZABETH LANG, individually and in her capacity as Deputy General Counsel of the Department of Consumer Affairs of the City of New York, Respondents.

Supreme Court of the State of New York, Bronx County.

Decided January 17, 2008.

Attorney(s) appearing for the Case

Don Abraham Esq. and Joseph P. Cervini Jr. Esq. Dreier LLP, New York, NY, for Petitioner.

Desiree Wise, Assistant Corporation Counsel, New York, NY, for Respondents.

LUCY BILLINGS, J.

I. BACKGROUND

Petitioner operates a parking garage at 283 East 164th Street, Bronx County, near the Bronx County courthouses. Upon commencing this proceeding, petitioner sought to enjoin respondents' enforcement of an order padlocking the garage based on their determination that petitioner was operating the garage without a license. Respondents, including the New York City Department of Consumer Affairs (DCA) and its officers, agreed...

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