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MATTER OF SYSCO METRO NY, LLC v. CITY OF NEW YORK

101637/15-8088. 8087. 8086.

168 A.D.3d 459 (2019)

92 N.Y.S.3d 4

2019 NY Slip Op 00189

In the Matter of Sysco Metro NY, LLC, et al., Respondents-Appellants/Respondents, v. City of New York et al., Appellants-Respondents/Appellants.

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

Decided January 10, 2019.

The court correctly found that summonses that failed to comply with the requirement to specify the correct body types of the relevant vehicles in accordance with Vehicle and Traffic Law § 238 (2) were improperly issued and must be dismissed (see Matter of Wheels, Inc. v Parking Violations Bur. of Dept. of Transp. of City of N.Y., 80 N.Y.2d 1014, 1016 [1992]; see Matter of Nestle Waters N. Am., Inc. v City of New York,

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