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North Shore Auto Towing v. Nassau County

Other Lower Courts

December 31, 2007

North Shore Auto Towing, Plaintiff,
v.
Nassau County and Nassau County Police Department, Defendants.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

Counsel for Plaintiff Counsel for Defendant Nancy K. Galassi, Esq.Lorna B. Goodman, Esq., County Attorney

 Scott F. GuardinoBy: Donna A. Napolitano, Esq, Deputy County Attorney

OPINION

Leonard B. Austin, J.

INTRODUCTION

This application was brought on by order to show cause dated April 23, 2007 wherein Plaintiff, North Shore Auto Towing ("North Shore"), sought a preliminary injunction to enjoin Defendants, Nassau County ("County") and Nassau County Police Department ("NCPD") (collectively "Nassau County"), from terminating its towing and impound contract.

The issues presented were set down for a hearing which was held on June 11 and 12, 2007. At that hearing, North Shore presented the testimony of Detective Salvatore Scalone, who submitted an affidavit in opposition to North Shore's motion, and Robert Stern, the mayor of the Incorporated Village of Thomaston.

Defendants called North Shore's principal, Scott R. Balderman, Sgt. Israel Santiago of the NCPD Legal Bureau and Sgt. Robert Johnston, the administrative supervisor of the Sixth Precinct.

Before the hearing began, an issue arose with regard to documents subpoenaed by North Shore. Nassau County argued that the subpoena should be quashed because much of the material sought was necessary for an on-going grand jury investigation of North Shore. To bolster that claim, an assistant district attorney appeared to urge that the information sought, if disclosed, would negatively impact the work of the grand jury.

Over objection, the subpoena was quashed. However, Nassau County was barred from introducing evidence of any incidents which were the part of the basis of the decision to terminate North Shore's towing and impound contract which were not already disclosed in the opposing papers submitted by Nassau County. That is, Nassau County was limited to proof of incidents which occurred prior to the renewal of the Contract in May, 2006.

FINDINGS OF FACT

North Shore and the County entered into a towing and impound contract ("Contract") on May 4, 2006. The term of the contract was three years. This Contract was the renewal of an expired towing and impound contract between the parties and the third overall between them. North Shore is also a licensed tow operator in a number of local municipalities. ...


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