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