Rossi v. City of New York

OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

HELLERSTEIN, District Judge.

In this case alleging selective enforcement of New York City’s mobile food vending permit laws, defendants move under Rule 56 of the Federal Rules of Civil Procedure for an order granting them summary judgment dismissing plaintiffs complaint. As discussed below, plaintiff has failed to raise a triable issue of fact as to whether the defendants have selectively enforced the vending permit laws against him. Accordingly, defendants’ summary judgment motion is granted.

FACTUAL BACKGROUND

1. NYC’s Permit Scheme

Food…