Case 1:17-cv-01110-JGK Document 1 Filed 02/14/17 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ________________________________________________ YEP TOUR, INC., ) Index No. ) ) Plaintiff, ) -againstCOMPLAINT ) ) ) ) THE CITY OF NEW YORK, NEW YORK CITY ) DEPARTMENT OF TRANSPORTATION and NEW YORK CITY DEPARTMENT OF FINANCE, SHERIFF ) JURY TRIAL DEMANDED ) JOSEPH FUCITO, JOHN DOE #1, and JOHN DOE #2, ) ) Defendants. )
PRELIMINARY STATEMENT 1.
This is an action in which Plaintiff, YEP TOUR, INC. seeks damages for injuries
sustained as a result of the defendants’ violation of its rights as secured by 49 U.S. Code §14501, 42 U.S.C. §§1983, 1985(3), 1986, and by Equal Protection and Due Process Clauses of the Fourteenth Amendment and Interstate Commerce Clause of the United States Constitution, and for rights secured under the laws and Constitution of the State of New York. Plaintiff also sues in traditional tort pursuant to pendent State claims.
Plaintiff has been deprived of its
constitutional, federal and common law rights when the defendants unlawfully and purposely preempts the authority granted to plaintiff by the federal government when defendant continuously denies plaintiff’s applications for a ‘bus stop’ as required by City law. Furthermore, defendant continues to profit from the numerous fines levied against plaintiff, in excess of $500,000.00, for non-compliance with the very ‘bus stop’ law for which it has continuously denied plaintiff’s applications.
Plaintiff seeks damages, compensatory and
punitive, affirmative, equitable relief and injunctive relief, and award of costs and attorney’s fees and such other and further relief as this Court deems equitable and just.
THE RAMBADADT LAW OFFICE