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Landlord-Tenant Dispute and Criminal Mischief Does not Merit Continued Suspension

Posted by Daniel Ackman | Feb 15, 2022 | 0 Comments

In Taxi & Limousine Comm'n v. Anthony, OATH Index No. 715/22 (Nov. 22, 2021), an Uber driver was suspended after being arrested on a charge of criminal mischief, which sounds rather innocent, but is actually a low level felony. The charge arose from a dispute between housemates. One roommate demanded the other move out and, sometime later, threw his bed, his bicycle and other belongings into the front yard. This led the evicted roommate, the Uber driver, to kick the entrance doo, causing it to fall, which was followed by a physical confrontation involving threats with baseball bats and actual punches. the resulting injuries to both combatants included lacerations and a mild concussion.

The OATH judge rejected the TLC's argument that the summary suspension should be extended, however. "Although criminal charges are pending against him," the judge said, "[The driver] elected to testify and explain the series of events leading to his arrest. I find that respondent gave credible, detailed testimony about the events, and expressed genuine remorse for his out-of-character emotional reaction to the situation. I find that the respondent's actions reflect an isolated event of a personal nature, and atypical of respondent's demonstrated lifelong history of law-abiding behavior."

 

About the Author

Daniel Ackman

D​​an Ackman focuses on civil rights, administrative and constitutional class action litigation. Perhaps best known for representing New York City's taxi drivers in a series of civil rights class action lawsuits, Ackman's cases have resulted in a half dozen City practices being declared unconstitutional.

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