177 Misc. 406 | N.Y. Sup. Ct. | 1941
This action was commenced by the People to recover the amount of certain fines received by the city of Yonkers and claimed by the People of the State of New York. The plaintiff now moves for a partial summary judgment. The complaint lists ten different classes of such fines, numbered in the complaint (a) to (j), inclusive. Subdivision (a) of the complaint relates to fines therein alleged to have been imposed for violations of article 11 of the Highway Law and articles 3, 4 and 5 of the Vehicle and Traffic Law, amounting to a total sum of twelve dollars and covering the period from June 10, 1927, to October 15, 1930. As the court understands it, the corporation counsel concedes that the informations in these particular cases were for a violation of the State statutes. Under such circumstances the State is entitled to the money. Judgment for such sum in favor of the plaintiff will be directed accordingly. Subdivisions (c) to (j), inclusive, set forth in the complaint, need not be particularly considered because upon the argument and in the brief the Assistant Attorney-General expressly abandoned any claim by the People to such fines. Accordingly, the complaint will be dismissed with respect to those items. This leaves for consideration the fines referred to in subdivision (b) of the complaint, amounting to the sum of 15,285. With reference thereto the complaint alleges that such- fines were collected for violations of subdivision 1 of section 14 of the General Highway Traffic Law. Made a part of the complaint is a Schedule “ B ” which sets forth in detail the dates, names and amounts in question. That schedule charges that the fines were collected for violations of subdivision 1 of section 14 of the General Highway Traffic Law. The dates indicated are from July 7, 1924, to February 18, 1928, and the listed items aggregate the sum of $5,285 sued for. The answer of the city admits that during the period from July 7, 1924, to February 18, 1928, and on various dates or days within such period, the said City Court of the City of Yonkers imposed and collected fines in aggregate amount of $5,285 for acts charged and alleged to have been violations of subdivision 1 of section 14 of the General Highway Traffic Law and not alleged to have been
Some reference is also made by the city to the provisions of the so-called Supplemental Charter of the city of Yonkers adopted by the Legislature. The suggestion is made that the acts in question also constituted a violation of such supplemental charter, by the provisions of which fines assessed for the violation thereof belong to the city. So far as this act conflicted with the amendments to the Highway Law in 1924 it was superseded thereby. The reservation from the repealed provisions applied only to the fines collected for the violation of city ordinances.
The city also contends that there is an issue of fact with respect to the presentation of a claim under section 244 of the Second Class Cities Law. That section was never intended to apply to a claim of the State for moneys improperly withheld as established by the present record.
Summary judgment will, therefore, be directed in favor of the plaintiff for the sum of $5,285, covered by subdivision (b) of the complaint.
In the two instances for which judgment is directed as indicated, the plaintiff is entitled to interest to be computed at the rate of six per centum per annum from the time when the moneys were due and payable to the State to the 1st day of July, 1939, and thereafter at the rate of four per centum per annum in accordance with section 3-a of the General Municipal Law.
Settle order on two days’ notice.