Category Archives: Motor Vehicle Law

Parking Ticket “Nitpicking”

Even as a “seasoned” (NYU Law ‘69) commercial litigator, I am often surprised by the finite  issues that are subject both to a trial court disposition and, also, to  a subsequent appellate adjudication. A recent decision by the Appellate Division, involving parking violations, falls into that category of (to me) unusually demarcated legal proceedings.  Matter of Nestle Waters North America, Inc. v. City of New York, 2014 NY Slip Op 05609 (1st Dept. July 31, 2014).

Nestle Waters was a “hybrid class action for Article 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 Board).” Continue reading


When is an object in motion not in motion?  The Section 1225-2.c “conundrum” and other VTL issues

Section 1225-c.2.(a) of the New York Vehicle and Traffic Law, that took effect in late 2001, simply  and clearly states that: 

“Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call  while such vehicle is in motion.”

                         Like so many other statutes and areas of the law, the facial simplicity and clarity of the V&TL provision has nevertheless triggered  a “tsunami” of litigation that has dissected, analyzed and examined almost every word and phrase of the statute. Continue reading