MATTER OF MONROE ST. v. CITY OF NEW YORK

Index No. 158466/19. Appeal No. 15319. Case No. 2020-04817.

202 A.D.3d 542 (2022)

2022 NY Slip Op 00972

In the Matter of Monroe Street, Individually and on Behalf of All Others Similarly Situated, Appellant-Respondent, v. City of New York et al., Respondents-Appellants.

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

Decided February 15, 2022.


Attorney(s) appearing for the Case

Pardalis & Nohavicka, LLP, New York ( Israel Klein of counsel), for appellant-respondent.

Georgia M. Pestana , Corporation Counsel, New York ( Mackenzie Fillow of counsel), for respondent-appellant.

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.


In this putative class action, Supreme Court denied respondents' motion to dismiss on the ground that photographs demonstrating that petitioner's car, ran a red light were not accompanied by a notarized statement from a Department of Transportation employee. For over half a century, the legislature has consistently provided for prima facie liability for minor traffic offenses to be established by a simple, nonnotarized affirmation...

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