CD-DD50092094

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Virginia Dunphyand the Department of Consumer Affairs v. Citywide Towing Services LLCand Raanan Yaakobivitch

CITY OF NEW YORK

DEPARTMENT OF CONSUMER AFFAIRS

VIRGINIA DUNPHY
-and-
THE DEPARTMENT OF CONSUMER AFFAIRS,
Complainants,
-against-
CITYWIDE TOWING SERVICES LLC
-and-
RAANAN YAAKOVIVITCH,
Respondents. / DECISION AND ORDER
Violation Nos.:
CD50092094
DD50092094
License Nos.:
1135654(TTC)
0868549(TTD)
Date:September 18, 2008

An inquest was held onAugust 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”§20-700and Title 6 of the Rules of the City of New York (“6 RCNY”) §1-12by engaging indeceptive and misleading practices.
  1. 6 RCNY §1-13 by failing to respondto the Departmentwithin 20 days of the Department mailing out the consumer complaint.
  1. 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 LLCis foundguilty upon defaultof charge #’s 1through 3, and of violating 6 RCNY Section 1-14, and is hereby

Orderedto pay to the Departmenta TOTAL FINE of$1,100, as follows:

ChargeFine

  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 TTCis directed to surrender the license document to the Licensing Division immediately. If the TTCcontinues 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’sbusiness, 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 respondentCitywide Towing Services LLCis deemed unfit to hold any license issued by the Department.

DD50092094:

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

Orderedto pay to the Departmenta TOTAL FINE of$1,100, as follows:

ChargeFine

  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 respondentRaanan Yaakobovitch is deemed unfit to hold any license issued by the Department.

DD50092094& DD50092094

Respondents Citywide Towing Services LLCand 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, NY11229

Citywide Towing Services LLC

514 W. 39th Street

New York, NY10018

Raanan Yaakobovitch

2500 Johnson Avenue (Apt. 8L)

Bronx, NY10463

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, NY10038, 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; anda 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, NY10038within 30 daysfrom 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).

N.Y.C. Department of Consumer Affairs 66 john streetNew York, N.Y.10038 (212) 361-7770