Magan Hardeen and the Department of Consumer Affairs v



Virginia Dunphy and the Department of Consumer Affairs v. Citywide Towing Services LLC and Raanan Yaakobivitch

CITY OF NEW YORK

DEPARTMENT OF CONSUMER AFFAIRS

| |DECISION AND ORDER |

|VIRGINIA DUNPHY | |

| |Violation Nos.: |

| |CD50092094 |

|-and- |DD50092094 |

| | |

| |License Nos.: |

|THE DEPARTMENT OF CONSUMER AFFAIRS, |1135654 (TTC) |

|Complainants, |0868549 (TTD) |

| | |

|-against- | |

| | |

|CITYWIDE TOWING SERVICES LLC |Date: September 18, 2008 |

| | |

|-and- | |

| | |

|RAANAN YAAKOVIVITCH, | |

| | |

|Respondents. | |

An inquest was held on August 21, 2008.

Appearances: For the Complainants: Virginia Dunphy, Consumer; Charles Hintze, Witness. Although duly notified of the time and place of the hearing, the respondents failed to appear.

The Notice of Hearing charged the Respondents with violating the following:

1. Administrative Code of the City of New York (“Administrative Code” §20-700 and Title 6 of the Rules of the City of New York (“6 RCNY”) §1-12 by engaging in deceptive and misleading practices.

2. 6 RCNY §1-13 by failing to respond to the Department within 20 days of the Department mailing out the consumer complaint.

3. Administrative Code §20-101 for failing to maintain the standards of integrity, honesty, and fair dealing required of licensees.

Based on the evidence in the record, I RECOMMEND the following:

Findings of Fact

On January 25, 2005, on the corner of Celeste and Bijou Courts in Brooklyn, a Citywide Towing Services (hereafter “Citywide”) flatbed, bearing NY State license # 18407TW, rocked back and forth on an icy patch, then backed up and broke the driver’s-side light next to the headlight on Virginia Dunphy’s parked 1990 Volvo. Ms. Dunphy paid $189.71 to replace and install the marker light on her car, after Citywide refused to replace the broken light.

Opinion

The credible evidence—which included eyewitness testimony of witness Charles Hintze, plus a notarized statement of eyewitness Gary Dellacera, establishes that the consumer is entitled to restitution from the respondents in the amount of $189.71, as set forth above.

ORDER

CD50092094:

Respondent Citywide Towing Services LLC is found guilty upon default of charge #’s 1 through 3, and of violating 6 RCNY Section 1-14, and is hereby

Ordered to pay to the Department a TOTAL FINE of $1,100, as follows:

Charge Fine

1. Administrative Code §20-700 & 6 RCNY §1-12 $350

2. 6 RCNY §1-13 $250

6 RCNY §1-14 $500

In addition, the tow truck company license is REVOKED EFFECTIVE IMMEDIATELY. The respondent TTC is directed to surrender the license document to the Licensing Division immediately. If the TTC continues to operate with a revoked license, the TTC is subject to CRIMINAL PROSECUTION and/or civil penalties of $100 per day for each day of unlicensed activity, as well as the closing of the TTC’s business and/or the removal of items sold, offered for sale, or utilized in the operation of the TTC’s business, pursuant to the Administrative Code of the city of New York Sections 20-105 and 20-106 (the “Padlock Law”).

I also hereby DECLARE that respondent Citywide Towing Services LLC is deemed unfit to hold any license issued by the Department.

DD50092094:

Respondent Raanan Yaakobovitch is found guilty upon default of charge #’s 1 through 3, and of violating 6 RCNY Section 1-14, and is hereby

Ordered to pay to the Department a TOTAL FINE of $1,100, as follows:

Charge Fine

1. Administrative Code §20-700 & 6 RCNY §1-12 $350

2. 6 RCNY §1-13 $250

6 RCNY §1-14 $500

In addition, the tow truck driver’s License is REVOKED EFFECTIVE IMMEDIATELY. The tow truck driver is directed to surrender his or her license document to the Licensing Division immediately. If the he or she continues to operate with a revoked license, he or she is subject to CRIMINAL PROSECUTION and/or civil penalties of $100 per day for each day of unlicensed activity, as well as the closing of his or her business and/or the removal of items sold, offered for sale, or utilized in the operation of his or her business, pursuant to the Administrative Code of the city of New York Sections 20-105 and 20-106 (the “Padlock Law”).

I also hereby DECLARE that respondent Raanan Yaakobovitch is deemed unfit to hold any license issued by the Department.

DD50092094 & DD50092094

Respondents Citywide Towing Services LLC and Raanan Yaakobovitch are hereby ORDERED to pay RESTITUTION to the Consumer in the amount of $189.71, for which they are each jointly and severally liable.

This constitutes the recommendation of the Administrative Law Judge.

_______________________________

Judith Gould

Administrative Law Judge

DECISION AND ORDER

The recommendation of the Administrative Law Judge is approved.

This constitutes the Decision and Order of the Department.

_____________________________

Bruce M. Dennis

Acting Deputy Director of Adjudication

cc: Virginia Dunphy

93 Celeste Court

Brooklyn, NY 11229

Citywide Towing Services LLC

514 W. 39th Street

New York, NY 10018

Raanan Yaakobovitch

2500 Johnson Avenue (Apt. 8L)

Bronx, NY 10463

NOTICE TO RESPONDENT(S): If you wish to file a MOTION TO VACATE this decision, you must submit the motion to the Director of Adjudication, Department of Consumer Affairs, 66 John Street, New York, NY 10038, within 15 days from the date you knew or should have known of this decision. The motion must include: A check or money order for the sum of $25 payable to the Department of Consumer Affairs; and a check or money order payable to the Department of Consumer Affairs for the entire restitution amount ordered by the decision; and a sworn statement outlining a meritorious defense to the charges alleged in the Notice of Hearing; and a statement offering an excuse for its failure to appear on the designated hearing date. In addition, you must serve a copy of the motion to vacate on both the Consumer complainant and the Legal Services Division of the Department of Consumer Affairs, 42 Broadway, 9th Floor, New York, NY 10004.

NOTICE TO CONSUMER COMPLAINANT(S): If you wish to APPEAL this decision, or file a MOTION FOR REHEARING, you must file the appeal or motion with the Director of Adjudication, Department of Consumer Affairs, 66 John Street, New York, NY 10038 within 30 days from the date of this decision. You must include with your appeal or motion a check or money order for the sum of $25 payable to the Department of Consumer Affairs. In addition, you must serve a copy of your appeal or motion on the respondent(s).

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