Each element of the Sheriff's administrative fee, in connection with the New York City "ScoffTow" program (Administrative Code of City of NY § 19-212), has a statutory basis (CPLR 8011 [b] [2], [3]; [d]). The same cannot be said for the towing charge, where a triable issue of fact exists as to the Sheriff's exaction of an amount exceeding the contracted fee. Similarly, the statutory right to poundage must be strictly construed (Personeni v Aquino,
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YUSUF v. CITY OF NEW YORK
309 A.D.2d 721 (2003)
766 N.Y.S.2d 554
ALI YUSUF, Respondent, v. CITY OF NEW YORK et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 30, 2003.
Decided October 30, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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