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GUTHART v. NASSAU COUNTY

2017-01672. Index No. 604271/16.

178 A.D.3d 777 (2019)

111 N.Y.S.3d 886

2019 NY Slip Op 08825

Mark Guthart, Appellant, v. Nassau County et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 11, 2019.

Attorney(s) appearing for the Case

Taus, Cebulash & Landau, LLP, New York, NY (Kevin S. Landau and Brett Cebulash of counsel), and David J. Raimondo, Lake Grove, NY, for appellant (one brief filed).

Jared Kasschau, County Attorney, Mineola, NY (Andrew R. Scott of counsel), for respondents.

Chambers, J.P., Maltese, LaSalle and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint is denied.

The plaintiff commenced this putative class action against Nassau County and the Nassau County Traffic and Parking Violations Agency (hereinafter together the County) seeking, inter alia, a judgment declaring that the imposition of a driver responsibility fee on a red-light camera violation...

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