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  1. #1
    Join Date
    Mar 2009
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    4

    Question Car Got Illegally Towed - Can I Sue the City

    My question involves court procedures for the state of: New York, Kings County

    Hey all
    Last Fri my car was towed from the street that did nit have any parking restrictions nor there where any pending tikets on my car. Today I won the case in traffic violation court - judge stated that tiket is dismmised. and I will be refunded $60 of the tiket face value... but I paid $185. Apperantly taw fee is not refundable even if NYPD had no right to touch my car.

    So I want to sue NYC for:
    Demage that was done during car towing - $270 (got recipt from repair shop)
    Towing Fee - $125
    Lost Time - 4 hours to get car back, 4 hours in cort to fight tiket = ~$200 (is that reasobable?)
    Moral demage - $XXX

    Anyting esle I can sue the city for? I feel that if we meke mistates city penilize us alot in terms of $$$ but if city makes mistates they get away so i want to get max compensation for myself but i'm not 100% sure how can i apply concept of punitive demages to my case.. im comming mostly from the business law prespective

    I would appreciate any help!
    Thanks a lot!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    73,132

    Default Re: Car Got Illegally Towed - Can I Sue the City

    The towing company is a private company? Then you would address the damage claim against them. A lawsuit against the city is likely to go all of nowhere due to principles of sovereign immunity. Try contacting the City Attorney's office and asking about a claims process.

    I have no idea what "moral demege" is supposed to be, but don't count on getting any. Or lost time.

  3. #3
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Car Got Illegally Towed - Can I Sue the City

    well it was NYPD (Police Dept) tow track that took my car so I assume i'm suing city anyway

    As to procedires I know I have to go to City Comptroler and get autorization to sue, they also can offer me a settlement there..

    Why the soverign body gets immunity? If the city agency is negladgent and creates demage to 3rd party why they supposed to be imune?

  4. #4
    Join Date
    Apr 2009
    Posts
    9

    Default Re: Car Got Illegally Towed - Can I Sue the City

    The principles of sovereign immunity do not apply to municipalities such as the city of New York. It only applies to the Federal Government and to a limited extent to State Governments. And under no circumstances does that provision of the law relate to local law enforcement agencies. NYPD may have some immunity from civil prosecution but only if acting under good faith and/or the department's policies and the laws of the state and the local laws of the city (i.e. zoning regulations/local codes).

    If the vehicle was improperly or illegally towed by NYPD then he may be due compensation, though the cost of this battle may not be worth the potential victory.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Car Got Illegally Towed - Can I Sue the City

    You had best explain that to New York's appellate courts. They seem to be operating under the impression that municipalities generally enjoy immunity from liability for discretionary activities they undertake through their agents, except when plaintiffs establish a "special relationship" with the municipality. See, e.g., Pelaez v Seide, 2 N.Y.3d 186, 193, 810 N.E.2d 393, 778 N.Y.S.2d 111 (2004).

  6. #6
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Car Got Illegally Towed - Can I Sue the City

    ok then i go afther the city just to leran more about the process of going after them

    aaron - so does that mean that NYPD can do what ever they want and conduct any type of megligance without being responsible for that? Isnt there should be a way to "prevent" such behaviour?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Car Got Illegally Towed - Can I Sue the City

    It means they can raise the defense of governmental immunity when they believe that defense applies.

  8. #8
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Car Got Illegally Towed - Can I Sue the City

    well ok no i guess will be rediculous and will take my chnses... will think of it as casino game...

    I got my refund yesterday for the tilets and towing but I still will be dummy and see what I can do.. they cant fine me for suing them anyway (i hope)

  9. #9
    Join Date
    Apr 2009
    Posts
    9

    Default Re: Car Got Illegally Towed - Can I Sue the City

    Suing NYPD is different from suing the City of New York. A government agency can be sued, it happens all the time.

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