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FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
THE CITY OF NEW YORK and THE NEW YORK CITY
TAXI AND LIMOUSINE COMMISSION,
Plaintiffs,
SUMMONS
- against -
PEDRO ESPINAL, Index No.
Filed: 7/17/2019
Defendant.
TO THE ABOVE NAMED DEFENDANT
YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs’ attorney an
answer to the complaint in this action within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not
personally delivered to you within the State of New York.
In the event of your failure to answer, judgment will be taken against you by default for the relief
demanded in the complaint.
The action will be heard in the Supreme Court of the State of New York, in the County of New
York. The basis of the venue designated is the Plaintiff TLC’s principal place of business, which is 33
Beaver Street, 22nd Floor, New York, New York.
Dated: July 17, 2019 ZACHARY W. CARTER
New York, New York Corporation Counsel
City of New York
CHRISTOPHER C. WILSON
General Counsel
New York City Taxi and Limousine
Commission
Attorney for Plaintiffs
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___________________________
By: Glen Argov
Prosecuting Attorney
New York City Taxi and Limousine Commission
33 Beaver Street, 22nd Floor
New York, New York 10004
(718) 391-5559
To: PEDRO ESPINAL (Registration, Driver’s License)
291 E 4th St Apt 2B
New York, NY 10009
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
THE CITY OF NEW YORK and THE NEW YORK CITY
TAXI AND LIMOUSINE COMMISSION,
Plaintiffs,
COMPLAINT
- against -
PEDRO ESPINAL, Index No.
Filed: 7/17/2019
Defendant.
Plaintiffs, by their attorney, Zachary W. Carter, Corporation Counsel of the City of New York
and Christopher C. Wilson, General Counsel, New York City Taxi and Limousine Commission, of
counsel as and for their complaint against the Defendant, alleges, upon information and belief, as
follows:
INTRODUCTION
1. Plaintiffs bring this action pursuant to and by the authority of New York City
Administrative (“Admin. Code”) Code Section 19-506(h)(2) to seek forfeiture of Defendant PEDRO
ESPINAL’s interest in a vehicle that was operated for hire in the City without the appropriate license.
PARTIES
2. Plaintiff, the City of New York (“the City”) is a municipal corporation
incorporated under the laws of the State of New York.
3. Plaintiff, the New York City Taxi and Limousine Commission (“TLC”), is
authorized by the New York City Charter and the Administrative Code of the City of New York to,
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inter alia, regulate the business of transporting passengers for hire by motor vehicle in New York City.
TLC has its principal place of business at 33 Beaver Street, 22nd Floor, New York, NY 10004.
4. Upon information and belief, Defendant PEDRO ESPINAL resides at 291 E 4th St
Apt 2B, New York, NY 10009, pursuant to New York Department of Motor Vehicles Vehicle
Registration.
VENUE
5. Venue for this proceeding is in New York County, which is the county where
TLC’s principal place of business is located.
BACKGROUND FACTS AND APPLICABLE LAW
6. Pursuant to Admin. Code Section 19-506(b)(1), it is unlawful to operate or permit
another to operate a vehicle “as a taxicab, coach, wheelchair accessible van, commuter van, HAIL
vehicle or for-hire vehicle in the city” without first having obtained a license for such vehicle from
TLC.
7. Admin. Code Section 19-506(h)(2) further provides that if an owner or of a
vehicle is guilty of two or more violations of Admin. Code Sections 19-506(b)(1) within a 36-month
period, “the interest of such owner in any vehicle used in the commission of any such second or
subsequent violation shall be subject to forfeiture upon notice and judicial determination.”
December 15, 2018 Violation
8. On or about December 15, 2018, TLC stopped a 2003 Honda car bearing Vehicle
Identification Number (“VIN”) 5FNRL18603B101459 (hereinafter the “subject vehicle”), and upon
investigation, identified Defendant PEDRO ESPINAL as its owner.
9. At that time, TLC Officer David Demi-Ejegi believed Defendant to be operating the
subject vehicle as a vehicle for hire insofar as he observed the Defendant soliciting passengers in front
of the Food Bazaar supermarket in Brooklyn, before taking a female passenger in his vehicle. Officer
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Demi-Ejegi observed the Defendant exchange money with the passenger before dropping her off at her
destination within Brooklyn. Upon stopping the vehicle, Officer Demi-Ejegi questioned the passenger,
who confirmed the vehicle was a taxi and that she paid $12 for her fare.
10. In addition, on December 15, 2018, the subject vehicle was not licensed by TLC
to serve as a vehicle for hire in New York City.
11. Subsequently, TLC Officer Demi-Ejegi issued Defendant PEDRO ESPINAL
Summons No. 71201833A, alleging that on December 15, 2018, Defendant violated Section 19-
506(b)(1) of the Admin. Code by operating the subject vehicle as a vehicle for hire while the vehicle
was not licensed by TLC.
12. On February 7, 2019, Defendant PEDRO ESPINAL pled guilty to Summons No.
71201833A, and entered into a stipulation that explicitly established that a guilty plea would count as
a prior violation for purposes of calculating future penalties, including civil forfeiture.
May 28, 2019 Violation
13. On or about May 28, 2019, TLC stopped the subject vehicle and identified
Defendant PEDRO ESPINAL as its owner.
14. At that time, TLC Officer Alexis Velasquez believed Defendant PEDRO
ESPINAL was operating the subject vehicle as a vehicle for hire insofar as Officer Velasquez hailed
for a vehicle at a location in Brooklyn, and the Defendant answered Officer Velasquez’s hail. The
Defendant told Officer Velasquez that he was a taxi, before agreeing to take him to a destination
within Brooklyn for a fare of $12, and loading him into his vehicle.
15. In addition, on May 28, 2019, the subject vehicle was not licensed by TLC to
serve as a vehicle for hire in New York City.
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16. Subsequently, Officer Velasquez issued Defendant PEDRO ESPINAL Summons
No. 70271324A, alleging that on May 28, 2019, Defendant PEDRO ESPINAL violated Section 19-
506(b)(1) of the Admin. Code by operating the subject vehicle as a vehicle for hire while the vehicle
was not licensed by TLC.
17. At the time Summons No. 70271324A was issued, and pursuant to Admin. Code
§ 19-506(h), TLC seized the subject vehicle.
18. On June 4, 2019, at a scheduled hearing on Summons No. 70271324A at the
New York City Office of Administrative Trials and Hearings (“OATH”), Defendant PEDRO
ESPINAL appeared, and after a hearing was found guilty of violating Admin. Code Section 19-
506(b)(1) by OATH Hearing Officer Jodi Harawitz. Hearing Officer Harawitz further ordered that the
subject vehicle be released by the TLC pending the outcome of a civil forfeiture proceeding.
19. Upon information and belief, Defendant PEDRO ESPINAL is the registered and
titled owner of the subject vehicle.
20. By virtue of the foregoing, Plaintiffs are entitled to an order and judgment,
pursuant to Admin. Code § 19-506(h) determining and declaring the aforementioned subject vehicle to
be forfeited to the City of New York.
AS AND FOR A CAUSE OF ACTION
21. Plaintiffs repeat and re-allege, as is fully set forth herein, the facts contained in
the preceding paragraphs.
22. Defendant PEDRO ESPINAL has been found in violation of Admin. Code § 19-
506(b)(1) on two occasions within 36 months, and the subject vehicle was used in the commission of
both offenses. The subject vehicle is thereby subject to forfeiture under Admin. Code § 19-506(h)(2).
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WHEREFORE, Plaintiffs demand judgment declaring:
(1) That the Defendant may not lawfully possess the subject vehicle;
(2) That the Plaintiffs are entitled to possession of the subject vehicle;
(3) That the subject vehicle be forfeited; and
(4) That the Plaintiffs be awarded the value of the subject vehicle at the time of
the seizure in the event that Defendant sells, leases, gives, assigns, pledges,
damages, removes from this jurisdiction or otherwise disposes of the subject
vehicle; transfers their right, title/and/or interest therein in any manner, or
otherwise removes the subject vehicle from the jurisdiction of this Court or
renders the subject vehicle not available for a judgment of forfeiture; and
(5) Granting to Plaintiffs such other and further relief as the Court deems just
and proper, together with the costs and disbursements of this action.
DATED: New York, New York ZACHARY W. CARTER
July 17, 2019 Corporation Counsel
of the City of New York
CHRISTOPHER C. WILSON
General Counsel
New York City Taxi and Limousine
Commission
Attorney for Plaintiffs
_________________________________
By: Glen Argov
Prosecuting Attorney
New York City Taxi and Limousine Commission
33 Beaver Street, 22nd Floor
New York, New York 10004
(718) 391-5559
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Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE CITY OF NEW YORK and THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Plaintiffs, SUMMONS - against - PEDRO ESPINAL, Index No. Filed: 7/17/2019 Defendant. TO THE ABOVE NAMED DEFENDANT YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs’ attorney an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In the event of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. The action will be heard in the Supreme Court of the State of New York, in the County of New York. The basis of the venue designated is the Plaintiff TLC’s principal place of business, which is 33 Beaver Street, 22nd Floor, New York, New York. Dated: July 17, 2019 ZACHARY W. CARTER New York, New York Corporation Counsel City of New York CHRISTOPHER C. WILSON General Counsel New York City Taxi and Limousine Commission Attorney for Plaintiffs 1 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 ___________________________ By: Glen Argov Prosecuting Attorney New York City Taxi and Limousine Commission 33 Beaver Street, 22nd Floor New York, New York 10004 (718) 391-5559 To: PEDRO ESPINAL (Registration, Driver’s License) 291 E 4th St Apt 2B New York, NY 10009 2 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE CITY OF NEW YORK and THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Plaintiffs, COMPLAINT - against - PEDRO ESPINAL, Index No. Filed: 7/17/2019 Defendant. Plaintiffs, by their attorney, Zachary W. Carter, Corporation Counsel of the City of New York and Christopher C. Wilson, General Counsel, New York City Taxi and Limousine Commission, of counsel as and for their complaint against the Defendant, alleges, upon information and belief, as follows: INTRODUCTION 1. Plaintiffs bring this action pursuant to and by the authority of New York City Administrative (“Admin. Code”) Code Section 19-506(h)(2) to seek forfeiture of Defendant PEDRO ESPINAL’s interest in a vehicle that was operated for hire in the City without the appropriate license. PARTIES 2. Plaintiff, the City of New York (“the City”) is a municipal corporation incorporated under the laws of the State of New York. 3. Plaintiff, the New York City Taxi and Limousine Commission (“TLC”), is authorized by the New York City Charter and the Administrative Code of the City of New York to, 3 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 inter alia, regulate the business of transporting passengers for hire by motor vehicle in New York City. TLC has its principal place of business at 33 Beaver Street, 22nd Floor, New York, NY 10004. 4. Upon information and belief, Defendant PEDRO ESPINAL resides at 291 E 4th St Apt 2B, New York, NY 10009, pursuant to New York Department of Motor Vehicles Vehicle Registration. VENUE 5. Venue for this proceeding is in New York County, which is the county where TLC’s principal place of business is located. BACKGROUND FACTS AND APPLICABLE LAW 6. Pursuant to Admin. Code Section 19-506(b)(1), it is unlawful to operate or permit another to operate a vehicle “as a taxicab, coach, wheelchair accessible van, commuter van, HAIL vehicle or for-hire vehicle in the city” without first having obtained a license for such vehicle from TLC. 7. Admin. Code Section 19-506(h)(2) further provides that if an owner or of a vehicle is guilty of two or more violations of Admin. Code Sections 19-506(b)(1) within a 36-month period, “the interest of such owner in any vehicle used in the commission of any such second or subsequent violation shall be subject to forfeiture upon notice and judicial determination.” December 15, 2018 Violation 8. On or about December 15, 2018, TLC stopped a 2003 Honda car bearing Vehicle Identification Number (“VIN”) 5FNRL18603B101459 (hereinafter the “subject vehicle”), and upon investigation, identified Defendant PEDRO ESPINAL as its owner. 9. At that time, TLC Officer David Demi-Ejegi believed Defendant to be operating the subject vehicle as a vehicle for hire insofar as he observed the Defendant soliciting passengers in front of the Food Bazaar supermarket in Brooklyn, before taking a female passenger in his vehicle. Officer 4 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 Demi-Ejegi observed the Defendant exchange money with the passenger before dropping her off at her destination within Brooklyn. Upon stopping the vehicle, Officer Demi-Ejegi questioned the passenger, who confirmed the vehicle was a taxi and that she paid $12 for her fare. 10. In addition, on December 15, 2018, the subject vehicle was not licensed by TLC to serve as a vehicle for hire in New York City. 11. Subsequently, TLC Officer Demi-Ejegi issued Defendant PEDRO ESPINAL Summons No. 71201833A, alleging that on December 15, 2018, Defendant violated Section 19- 506(b)(1) of the Admin. Code by operating the subject vehicle as a vehicle for hire while the vehicle was not licensed by TLC. 12. On February 7, 2019, Defendant PEDRO ESPINAL pled guilty to Summons No. 71201833A, and entered into a stipulation that explicitly established that a guilty plea would count as a prior violation for purposes of calculating future penalties, including civil forfeiture. May 28, 2019 Violation 13. On or about May 28, 2019, TLC stopped the subject vehicle and identified Defendant PEDRO ESPINAL as its owner. 14. At that time, TLC Officer Alexis Velasquez believed Defendant PEDRO ESPINAL was operating the subject vehicle as a vehicle for hire insofar as Officer Velasquez hailed for a vehicle at a location in Brooklyn, and the Defendant answered Officer Velasquez’s hail. The Defendant told Officer Velasquez that he was a taxi, before agreeing to take him to a destination within Brooklyn for a fare of $12, and loading him into his vehicle. 15. In addition, on May 28, 2019, the subject vehicle was not licensed by TLC to serve as a vehicle for hire in New York City. 5 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 16. Subsequently, Officer Velasquez issued Defendant PEDRO ESPINAL Summons No. 70271324A, alleging that on May 28, 2019, Defendant PEDRO ESPINAL violated Section 19- 506(b)(1) of the Admin. Code by operating the subject vehicle as a vehicle for hire while the vehicle was not licensed by TLC. 17. At the time Summons No. 70271324A was issued, and pursuant to Admin. Code § 19-506(h), TLC seized the subject vehicle. 18. On June 4, 2019, at a scheduled hearing on Summons No. 70271324A at the New York City Office of Administrative Trials and Hearings (“OATH”), Defendant PEDRO ESPINAL appeared, and after a hearing was found guilty of violating Admin. Code Section 19- 506(b)(1) by OATH Hearing Officer Jodi Harawitz. Hearing Officer Harawitz further ordered that the subject vehicle be released by the TLC pending the outcome of a civil forfeiture proceeding. 19. Upon information and belief, Defendant PEDRO ESPINAL is the registered and titled owner of the subject vehicle. 20. By virtue of the foregoing, Plaintiffs are entitled to an order and judgment, pursuant to Admin. Code § 19-506(h) determining and declaring the aforementioned subject vehicle to be forfeited to the City of New York. AS AND FOR A CAUSE OF ACTION 21. Plaintiffs repeat and re-allege, as is fully set forth herein, the facts contained in the preceding paragraphs. 22. Defendant PEDRO ESPINAL has been found in violation of Admin. Code § 19- 506(b)(1) on two occasions within 36 months, and the subject vehicle was used in the commission of both offenses. The subject vehicle is thereby subject to forfeiture under Admin. Code § 19-506(h)(2). 6 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:18 AM INDEX NO. 451092/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 WHEREFORE, Plaintiffs demand judgment declaring: (1) That the Defendant may not lawfully possess the subject vehicle; (2) That the Plaintiffs are entitled to possession of the subject vehicle; (3) That the subject vehicle be forfeited; and (4) That the Plaintiffs be awarded the value of the subject vehicle at the time of the seizure in the event that Defendant sells, leases, gives, assigns, pledges, damages, removes from this jurisdiction or otherwise disposes of the subject vehicle; transfers their right, title/and/or interest therein in any manner, or otherwise removes the subject vehicle from the jurisdiction of this Court or renders the subject vehicle not available for a judgment of forfeiture; and (5) Granting to Plaintiffs such other and further relief as the Court deems just and proper, together with the costs and disbursements of this action. DATED: New York, New York ZACHARY W. CARTER July 17, 2019 Corporation Counsel of the City of New York CHRISTOPHER C. WILSON General Counsel New York City Taxi and Limousine Commission Attorney for Plaintiffs _________________________________ By: Glen Argov Prosecuting Attorney New York City Taxi and Limousine Commission 33 Beaver Street, 22nd Floor New York, New York 10004 (718) 391-5559 7 of 7