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NESTLE WATERS v. CITY OF NY

104096/12, 12015.

121 A.D.3d 124 (2014)

990 N.Y.S.2d 512

In the Matter of NESTLE WATERS NORTH AMERICA, INC., on Behalf of Itself and All Others Similarly Situated, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 31, 2014.

Attorney(s) appearing for the Case

Edelstein & Grossman, New York City ( Jonathan I. Edelstein of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Edward F.X. Hart and Leonard Koerner of counsel), for respondents.

ACOSTA, J.P., MOSKOWITZ, FREEDMAN and FEINMAN, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

Petitioner Nestle Waters North America, Inc. commenced the instant "hybrid class action for Article [sic] 78 relief, declaratory judgment, injunctive relief and remission of fines unlawfully imposed" seeking to, inter alia, annul the determination of respondent Appeals Board of Parking Violations Bureau of the City of New York. The Appeals Board upheld a finding of guilt as to 38 parking summonses issued to Nestle's trucks...

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