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L.A.M. RECOVERY v. DEPARTMENT OF CONSUMER AFFAIRS

No. 04 Civ. 0701(LAK).

345 F.Supp.2d 405 (2004)

L.A.M. RECOVERY, INC., Plaintiff, v. The DEPARTMENT OF CONSUMER AFFAIRS, et al., Defendants.

United States District Court, S.D. New York.

November 22, 2004.

Attorney(s) appearing for the Case

Ronald P. Hart, for Plaintiff.

Gabriel Taussig, Dana Biberman, Sheryl Neufeld, Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff, who operates an automobile repossession business, has been locked in combat with the City of New York for almost four years. The City contends that he engaged in "towing" with "tow trucks" and therefore required a license from the Department of Consumer Affairs ("DCA"). Plaintiff disputes this and, in the alternative, argues that the relevant legislation...

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