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unfair ticket for neighbor's improperly disposed mattress'

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sylvalant

Junior Member
I own a mixed use building in queens, new york. I recently got a violation ticket for an improperly disposed mattress my neighbor's tenant left on my side of the sidewalk. The neighbor also got a ticket since half of it was on his side. The problem is i dont know how to prove this at a hearing, especially since the tenant moved away. So what can i do to convince the hearing judge?thanks
 
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You Are Guilty

Senior Member
Your testimony is admissible evidence. So how is it you know it was the neighboring tenant who did it?

(And is this a Sanitation ticket? There may be other avenues to contest those).
 

sylvalant

Junior Member
Yes, Sanitation ticket. I heard this from my tenant who operates the storefront on ground floor, who heard it from our neighbor who had the tenant that threw out the mattress.
 

Zigner

Senior Member, Non-Attorney
Yes, Sanitation ticket. I heard this from my tenant who operates the storefront on ground floor, who heard it from our neighbor who had the tenant that threw out the mattress.

In other words, you have no idea who threw it out.
 

LdiJ

Senior Member
In other words, you have no idea who threw it out.

Other than it wasn't him...sigh.

I once had someone abandon a car on my property. I did everything I could to have the car removed from my property but tow companies wouldn't do it and salvage people wouldn't do it. I ended up with a ticket for a car with no plates or registration and nobody would help me. Finally I called the Mayor's hotline and got the car removed, but I still got stuck with the fine. Had I been a commercial business instead of residential it would have been totally different. I sympathize with the OP.
 

You Are Guilty

Senior Member
Yes, Sanitation ticket. I heard this from my tenant who operates the storefront on ground floor, who heard it from our neighbor who had the tenant that threw out the mattress.
Yeah. While I recognize this is how the actual world works in NYC, in the court system, not so much. This is like 3 levels of hearsay, which is a stretch even for the ECB.

However, do not abandon all hope just yet.

Sanitation tickets are the only other tickets in the city treated like parking tickets - they are the sole evidence against you (eg, no live witness shows up in court) so they have to be factually accurate in order to make a valid case against you.

What does that mean in plain English? Make sure the date of the offense, time, violation address, description, etc. are all filled out, and filled out correctly. If any of those are missing, that alone is grounds for dismissal.

If there are no procedural grounds, you can always fight it on substantive grounds too - "I didn't do it" is a perfectly valid defense. You'll probably want to show up in person to make it though. While you are permitted to do it via letter, I personally find that people who show up in person tend to get better results (harder to say "no" to someone's face, I guess).

See here for more info (especially #5):
http://www.alblawfirm.com/index.cfm?pageid=12&itemid=233 {random google result}
 

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