Allied Sanitation, Inc. v. Adduci
Court: Appellate Division of the Supreme Court of the State of New York; April 16, 1996; New York; State Appellate Court
An order and judgment from the Supreme Court of Queens County, dated November 28, 1994, granted a petition by Allied Sanitation, Inc. and annulled a determination by the Commissioner of Motor Vehicles that found the company guilty of operating a truck with excessive weight, in violation of Vehicle and Traffic Law § 385. Initially, in December 1992, Allied Sanitation was charged by the New York City Department of Transportation for this violation, leading to a hearing where an Administrative Law Judge confirmed the violation and imposed a $7,000 fine. Allied Sanitation contested the ruling, arguing that Vehicle and Traffic Law § 385 did not allow for enforcement of weight limitations in New York City. The Supreme Court agreed and annulled the determination. However, upon appeal, the decision was reversed. The appellate court clarified that Vehicle and Traffic Law § 385 explicitly prohibits operating vehicles exceeding weight limits in cities not wholly contained within one county, and allows for the imposition of fines for such violations. The court found unpersuasive Allied Sanitation's claims regarding the accuracy of the scales used for weighing and the company's lack of knowledge of the excessive weight. There was substantial evidence confirming the scales' accuracy, and the court held that the company is responsible for the actions of its officers and agents performed within their employment scope. The appellate decision reinstated the original determination and dismissed the petition.