Legal Opinion
L.A.M. Recovery, Inc. v. Department of Consumer Affairs
District Court, S.D. New York
Decided November 22, 2004No. 04 Civ. 0701(LAK)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Plaintiff, who operates an automobile repossession business, has been locked in combat with the City of New York for almost four years. The City contends that he engaged in “towing” with “tow trucks” and therefore required a license from the Department of Consumer Affairs (“DCA”). Plaintiff disputes this and, in the alternative, argues that the relevant legislation legislation is unconstitutional. Defendants move for judgment on the pleadings dismissing the complaint on principles of former adjudication.
Facts
The Initial Confrontation
On February 8,…
2Cases cited27 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
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3Cited by5 opinions
- L.A.M. Recovery Inc. v. Department of Consumer AffairsDistrict Court, S.D. New York · 2005
- L.A.M. Recovery, Inc. v. Department of Consumer AffairsCourt of Appeals for the Second Circuit · 2006
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