| Hindi v City of New York |
| 2006 NY Slip Op 51151(U) [12 Misc 3d 132(A)] |
| Decided on June 22, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Civil Court, New York County (Joan M. Kenney, J.), entered August 2, 2005, which dismissed the complaint, upon the grant of defendant's motion made at the close of plaintiff's evidence, on the ground that plaintiff failed to establish a prima facie case.
PER CURIAM
Judgment (Joan M. Kenney, J.), entered August 2, 2005, affirmed, without costs.
While plaintiff alleges that the City improperly towed his vehicle, he failed to produce any evidence at trial showing that the outstanding parking violations for which his vehicle was towed were not issued against him or that the City seized the vehicle without notice. In light of that failure of proof, there was no rational process by which a trier of fact could have found for plaintiff. Thus, the City's motion to dismiss the complaint at the close of plaintiff's case was properly granted (see Argyle Capital Management Corp. v Randall, 279 AD2d 430 [2001]).
This constitutes the decision and order of the court.
Decision Date: June 22, 2006