Mark Lennihan/AP Should the First Department Have Dismissed for Misdescription of Body Type Many of the Parking Summonses It Upheld?
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.
March 15, 2023 at 06:39 PM
5 minute read
Commentary
In Matter of Sysco Metro NY, LLC v City of New York, 168 AD3d 459 (2019), the Appellate Division, First Department, affirmed the IAS court in upholding 367 parking summonses although the IAS court noted that many of them misdescribed the body type of the summonsed vehicles.
It would seem that the First Department overlooked misdescription of body type and the IAS court disregarded this misdescription insofar as any of the 367 summonses contains this misdescription.
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