You are here: / / Failure to Strictly Comply with the Statutory Requirements for the Contents...
,

Failure to Strictly Comply with the Statutory Requirements for the Contents of a Parking Ticket Invalidates the Ticket

The First Department, in a full-fledged opinion by Justice Renwick, determined that the failure to strictly comply with the statutory requirements for a parking ticket rendered the tickets invalid and unenforceable.  Specifically, the type of license plate on the trucks in question was described on the ticket as “IRP” when the plates should have been described as “Apportioned” or “APP” (“IRP” and “APP” are related terms used interchangeably by the NYC Parking Violations Board).  The decision is noteworthy because of the strictness with which the statutory requirements for the contents of a parking ticket are applied:

…[T]his Court is bound by the plain language of VTL 238(2). We must conclude that the New York City Parking Violations Bureau’s policy of deeming “IRP” an accurate description of out-of-state “APPORTIONED” license plates for purposes of adjudicating parking violations violates the statute. As indicated, VTL § 238(2) requires that a notice of parking violation shall include the “plate type as shown by the registration plates of said “vehicle” (emphasis added). It is undisputed that each ticket here described the “vehicle type” as “IRP,” while the corresponding license plate described the vehicle type as “APPORTIONED.” The choice of the words in the statute “as shown” by the vehicle plate is evidence that the legislature intended strict compliance with the statute, and “new language cannot be imported into a statute to give it a meaning not otherwise found therein” … . Matter of Nestle Waters N Am Inc v City of New York, 2014 NY Slip Op 05609, 1st Dept 7-31-14

 

You might also like
Plaintiff Unable to Prove Actual Malice—Summary Judgment to Defendant
PLAINTIFF, WHO SOLD GOODS TO NEW JERSEY COMPANIES FOR WHICH IT WAS NOT FULLY PAID, FAILED TO DEMONSTRATE NEW YORK JURISDICTION; FACTS PLED DID NOT DEMONSTRATE LONG-ARM JURISDICTION; SITUS OF THE INJURY WAS NEW JERSEY, NOT NEW YORK.
Supreme Court Abused Its Discretion by Vacating a Judgment Which Was Not Appealed by the Defendant
OHIO TRUSTEE’S REQUEST FOR PAYMENT PURSUANT TO A ROYALTY AGREEMENT WITH THE NEW YORK PLAINTIFF DID NOT CONFER JURISDICTION UPON NEW YORK, DESPITE A NEW YORK CHOICE OF LAW PROVISION (FIRST DEPT).
FAILURE TO PROVIDE SEATBELTS IN A TAXICAB VIOLATES THE VEHICLE AND TRAFFIC LAW AND IS NEGLIGENCE AS A MATTER OF LAW (FIRST DEPT).
DOCTOR WHO OPERATED A PILL MILL FOR PERSONS ADDICTED TO OPIOIDS PROPERLY CONVICTED OF MANSLAUGHTER FOR OVERDOSE DEATHS (FIRST DEPT).
Misrepresentations, Distortions, Attacks on the Court, Etc., Included in Motion Papers Warranted Sanctions Against Attorney
WHERE DEFENDANT ASSERTED HIS INNOCENCE AT TRIAL, HAS A PENDING APPEAL AND ASSERTS HIS RIGHT AGAINST SELF-INCRIMINATION IN THE SORA PROCEEDING, THE SORA COURT SHOULD NOT ASSESS POINTS UNDER RISK FACTOR 12 FOR FAILURE TO TAKE RESPONSIBILITY FOR THE OFFENSE (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

In the Context of a Challenge to the Tax Assessment of a Home, the Town Must... Drug Treatment and Drug Testing Facilities Do Not Have a Duty to Provide the...