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Sergey Kadinsky, On Behalf Of Himself And All Other Similarly Situated v. Town Of Hempstead
On November 28, 2023 a commercial - other (class action) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Nassau County. Judge Philippe Solages presiding.
Case Details
Case Number
Filing Date
November 28, 2023
Last Refreshed
July 07, 2024
Filing Location
Nassau County, NY
Filing Court House
Supreme
Judge
Hon. Philippe Solages
Category
Commercial - Other (Class Action)
Practice Area
Commercial
Matter Type
General Commercial
Overview
This is a putative class action brought against Defendant seeking damages sustained as a
direct and proximate result of Defendant’s violations of Article 1, Section 6, of the New
York State Constitution, fraudulent concealment and/or inducement and unjust enrichment
in connection with Defendant’s practice of routinely certifying patently invalid and legally
insufficient Notices of Liability (“NOL”s) alleging violations of New York Vehicle and
Traffic Law (“VTL”) Section 1174(a) (“Stop-arm Violations”) and routinely collecting
fines for these invalid and legally insufficient NOLs.
Causes of Action
to the claims for relief requested.
COUNT I: UNJUST ENRICHMENT
COUNT II FRAUDULENT CONCEALMENT / FRAUDULENT INDUCEMENT
COUNT III NEGLIGENT MISREPRESENTATION
COUNT IV DEPRIVATION OF DUE PROCESS IN VIOLATION OF ARTICLE 1,
COUNT V PROHIBITION ON EXCESSIVE FINES IN VIOLATOIN OF NEW YORK
COUNT VI PROHIBITION ON FINES WITHOUT REASONABLE CAUSE IN
COUNT VII GBL § 349
COUNT IX DECLARATORY JUDGMENT PURSANT TO CPLR §3001
Case Complaint Summary
This complaint alleges that the Town of Hempstead violated Article 1, Section 6 of the New York State Constitution, engaged in fraudulent concealment and/or inducement, and unjust enrichment. The complaint specifically focuses on the town's pract…...
Parties
Plaintiffs
On Behalf Of Himself And All Other Similarly Situated
Sergey Kadinsky
Attorneys for Plaintiffs
Aron, Joseph Hersch
Bienstock, Martin
Bienstock Pllc
Horowitz, Aviva Yocheved
Defendants
Town Of Hempstead
Attorneys for Defendants
Gladstone, Wayne L
Martins, Joaquim Macedo
Case Documents
LETTER / CORRESPONDENCE TO JUDGE (Motion 002)
Date: Jun 17, 2024
LETTER / CORRESPONDENCE TO JUDGE (Motion 002)
Date: Jun 14, 2024
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion 003)
Date: Jun 14, 2024
EXHIBIT(S) - A (Motion 003)
Date: Jun 14, 2024
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 003)
Date: Jun 10, 2024
EXHIBIT(S) - B (Motion 003)
Date: Jun 10, 2024
EXHIBIT(S) - A (Motion 003)
Date: Jun 10, 2024
EXHIBIT(S) - A (Motion 002)
Date: Jun 10, 2024
EXHIBIT(S) - B (Motion 002)
Date: Jun 10, 2024
LETTER / CORRESPONDENCE TO JUDGE (Motion 002)
Date: Jun 10, 2024
NOTICE OF MOTION (Motion 003)
Date: May 27, 2024
EXHIBIT(S) - A (Motion 003)
Date: May 27, 2024
EXHIBIT(S) - B (Motion 003)
Date: May 27, 2024
AFFIRMATION (Motion 003)
Date: May 27, 2024
AFFIRMATION (Motion 003)
Date: May 27, 2024
LETTER / CORRESPONDENCE TO JUDGE (Motion 002)
Date: May 05, 2024
MEMORANDUM OF LAW IN REPLY (Motion 002)
Date: May 03, 2024
MEMORANDUM OF LAW IN OPPOSITION (Motion 002)
Date: Apr 22, 2024
STIPULATION - ADJOURNMENT OF MOTION (Motion 002)
Date: Apr 10, 2024
EXHIBIT(S) - A (Motion 002)
Date: Apr 02, 2024
EXHIBIT(S) - B (Motion 002)
Date: Apr 02, 2024
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 002)
Date: Apr 02, 2024
STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion 001)
Date: Apr 02, 2024
NOTICE OF MOTION (Motion 002)
Date: Apr 02, 2024
MEMORANDUM OF LAW IN SUPPORT (Motion 002)
Date: Apr 02, 2024
EXHIBIT(S) - G
Date: Mar 12, 2024
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Mar 12, 2024
STIPULATION - TIME TO ANSWER
Date: Mar 12, 2024
EXHIBIT(S) - D
Date: Mar 01, 2024
EXHIBIT(S) - E
Date: Mar 01, 2024
EXHIBIT(S) - B
Date: Mar 01, 2024
EXHIBIT(S) - C
Date: Mar 01, 2024
EXHIBIT(S) - A
Date: Mar 01, 2024
COMPLAINT (AMENDED) Corrected
Date: Mar 01, 2024
EXHIBIT(S) - F
Date: Mar 01, 2024
STIPULATION - ADJOURNMENT OF MOTION (Motion 001)
Date: Feb 08, 2024
MEMORANDUM
Date: Feb 02, 2024
RJI -RE: NOTICE OF MOTION (Motion 001)
Date: Jan 26, 2024
MEMORANDUM OF LAW IN SUPPORT (Motion 001)
Date: Jan 26, 2024
EXHIBIT(S) - A (Motion 001)
Date: Jan 26, 2024
EXHIBIT(S) - B (Motion 001)
Date: Jan 26, 2024
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Jan 26, 2024
NOTICE OF MOTION (Motion 001)
Date: Jan 26, 2024
STIPULATION - TIME TO ANSWER
Date: Dec 22, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Dec 08, 2023
EXHIBIT(S) - D
Date: Nov 28, 2023
EXHIBIT(S) - A
Date: Nov 28, 2023
EXHIBIT(S) - E
Date: Nov 28, 2023
COMPLAINT
Date: Nov 28, 2023
EXHIBIT(S) - B
Date: Nov 28, 2023
EXHIBIT(S) - C
Date: Nov 28, 2023
SUMMONS
Date: Nov 28, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| June 17, 2024 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE (Motion #002) | |
| June 14, 2024 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE (Motion #002) Defendant, Town of Hempstead's, Letter to the Court to Strike Plaintiff's 6/10/2024 ex-parte communication |
|
| June 14, 2024 | Docket Event | AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #003) | |
| June 14, 2024 | Docket Event |
EXHIBIT(S) - A (Motion #003) Newsday Article: BusPatrol brings extensive political connections to school bus camera program |
|
| June 10, 2024 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003) Aff in Opp to file late NOC |
|
| June 10, 2024 | Docket Event |
EXHIBIT(S) - B (Motion #003) Oral argument motion to dismiss |
|
| June 10, 2024 | Docket Event |
EXHIBIT(S) - A (Motion #003) 1174-a Budget Bill Amendment |
|
| June 10, 2024 | Docket Event |
EXHIBIT(S) - A (Motion #002) Transcript of Oral Argument |
|
| June 10, 2024 | Docket Event |
EXHIBIT(S) - B (Motion #002) Revised Hempstead Notice of Liability |
|
| June 10, 2024 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE (Motion #002) | |
| May 27, 2024 | Docket Event | NOTICE OF MOTION (Motion #003) | |
| May 27, 2024 | Docket Event |
EXHIBIT(S) - A (Motion #003) Kadinsky Notice of Claim |
|
| May 27, 2024 | Docket Event |
EXHIBIT(S) - B (Motion #003) Suffolk Appeals File |
|
| May 27, 2024 | Docket Event | AFFIRMATION (Motion #003) | |
| May 27, 2024 | Docket Event |
AFFIRMATION (Motion #003) Bienstock Affirmation |
|
| May 05, 2024 | Docket Event |
LETTER / CORRESPONDENCE TO JUDGE (Motion #002) Request to submit sur-reply |
|
| May 03, 2024 | Docket Event |
MEMORANDUM OF LAW IN REPLY (Motion #002) Reply Memorandum of Law in Further Support of Defendant Town of Hempstead's Pre-Answer Motion to Dismiss Plaintiff's Amended Complaint |
|
| April 22, 2024 | Docket Event | MEMORANDUM OF LAW IN OPPOSITION (Motion #002) | |
| April 10, 2024 | Docket Event | STIPULATION - ADJOURNMENT OF MOTION (Motion #002) | |
| April 02, 2024 | Docket Event |
EXHIBIT(S) - A (Motion #002) Complaint |
|
| April 02, 2024 | Docket Event |
EXHIBIT(S) - B (Motion #002) First Amended Complaint |
|
| April 02, 2024 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #002) Affirmation in Support of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint |
|
| April 02, 2024 | Docket Event | STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion #001) | |
| April 02, 2024 | Docket Event |
NOTICE OF MOTION (Motion #002) Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint |
|
| April 02, 2024 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT (Motion #002) Memorandum of Law in Support of Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint |
|
| March 12, 2024 | Docket Event |
EXHIBIT(S) - G Nassau contract for TPVA |
|
| March 12, 2024 | Docket Event | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | |
| March 12, 2024 | Docket Event |
STIPULATION - TIME TO ANSWER Stipulation Extending Time to Answer Amended Complaint |
|
| March 01, 2024 | Docket Event |
EXHIBIT(S) - D Kadinsky Notice of Liability |
|
| March 01, 2024 | Docket Event |
EXHIBIT(S) - E Technician's Certificate |
|
| March 01, 2024 | Docket Event |
EXHIBIT(S) - B Master Agreement - Hempstead Supplement |
|
| March 01, 2024 | Docket Event |
EXHIBIT(S) - C Vendor Training Materials |
|
| March 01, 2024 | Docket Event |
EXHIBIT(S) - A Master Agreement - Dutchess |
|
| March 01, 2024 | Docket Event | COMPLAINT (AMENDED) *Corrected* | |
| March 01, 2024 | Docket Event |
EXHIBIT(S) - F Hempstead-Nassau Agreement |
|
| February 08, 2024 | Docket Event | STIPULATION - ADJOURNMENT OF MOTION (Motion #001) | |
| February 02, 2024 | Docket Event |
MEMORANDUM Denial of Commercial Division Assignment |
|
| January 26, 2024 | Docket Event | RJI -RE: NOTICE OF MOTION (Motion #001) | |
| January 26, 2024 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT (Motion #001) Final MOL with TOC in Support of Defendants 3211 Motion to Dismiss |
|
| January 26, 2024 | Docket Event |
EXHIBIT(S) - A (Motion #001) Complaint |
|
| January 26, 2024 | Docket Event |
EXHIBIT(S) - B (Motion #001) NOL |
|
| January 26, 2024 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Affirmation in Support in 3211 |
|
| January 26, 2024 | Docket Event |
NOTICE OF MOTION (Motion #001) Notice of Motion |
|
| December 22, 2023 | Docket Event |
STIPULATION - TIME TO ANSWER Stipulation Extending Time to Answer |
|
| December 08, 2023 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| November 28, 2023 | Docket Event |
EXHIBIT(S) - D Sample Notice of Violation TOH |
|
| November 28, 2023 | Docket Event |
EXHIBIT(S) - A Master Agreement |
|
| November 28, 2023 | Docket Event |
EXHIBIT(S) - E TOH Training Documentation |
|
| November 28, 2023 | Docket Event |
COMPLAINT Verified Class Action Complaint |
|
| November 28, 2023 | Docket Event |
EXHIBIT(S) - B TOH Agreement |
|
| November 28, 2023 | Docket Event |
EXHIBIT(S) - C Technician Certification |
|
| November 28, 2023 | Docket Event | SUMMONS |
