Dennis Boshnack

March 15, 2023 | New York Law Journal

VTL 238 requires a parking violation to be dismissed upon application of the person charged with the violation if the parking summons charging the violation omits, misdescribes, or illegibly states certain information, including the vehicle's body type.

By Dennis Boshnack

5 minute read

November 20, 2020 | New York Law Journal

This article argues that, contrary to 'Bolofsky v. City of New York', an inquiry under VTL §237(8) is a request for information or documents, including the transcript of a hearing on the notice of violation.

By Dennis Boshnack

9 minute read

December 08, 2017 | New York Law Journal

What is puzzling about DOF's volunteering to cancel the fines is not just that the fines total tens of millions of dollars but that DOF routinely treats misdescription of information required by VTL 238(2) as an affirmative defense, not a jurisdictional defect.

By Dennis Boshnack

3 minute read

April 03, 2017 | New York Law Journal

Dennis Boshnack argues that a recent decision incorrectly denied an Article 78 petition, that a parking summons must set forth the particular place where the violation occurred, and that, regardless of whether the same parking restriction covers two addresses, the summons is fatally defective if the vehicle is parked at only one of those addresses and the summons misdescribes the place of occurrence as the other address.

By Dennis Boshnack

19 minute read

September 11, 2014 | New York Law Journal

Dennis Boshnack discusses the recent decision in 'Nestle', which required strict compliance with the Vehicle and Traffic Law provision that "the plate type as shown by the registration plates" of the vehicle shall be inserted in the ticket, and questions three current adjudication policies of the New York City Parking Violations Bureau.

By Dennis Boshnack

12 minute read

September 13, 2013 | New York Law Journal

Attorney Dennis Boshnack discusses whether Workers' Compensation Law 25(3)(f), which provides for a twenty percent penalty for a failure to "make payments of compensation according to the terms of the award within ten days" would also provide for such a penalty if the payment of an earlier penalty is delayed.

By Dennis Boshnack

11 minute read

February 06, 2002 | New York Law Journal

B y law the Parking Violations Bureau of the City of New York (PVB) must mail notices to persons charged with parking violations. This article discusses the mailing required by that law 1 and considers the findings made at PVB hearings that such mailing occurred. When mailing is an issue, judgments rendered at PVB hearings are usually vulnerable.

By Dennis Boshnack

11 minute read

September 01, 2010 | New York Law Journal

Dennis Boshnack discusses the scenarios when motorists do win Supreme Court decisions against the PVB, and how it may refuse to apply those decisions to similar cases not having litigation.

By Dennis Boshnack

13 minute read