MSSSV won an Article 78 proceeding, which also sought damages, based on the allegedly unconstitutional denial of a towing license and franchise agreement. In Autotech Collision, Inc. v. The Incorporated Village of Lynbrook, et al., the Second Department upheld the Village’s denial premised upon the towing company’s frequent violations of the Village Code. The towing operator further claimed that the Village had selectively enforced the Village Code. The Second Department rejected the towing operator’s claims of selective enforcement and held that the denial was supported by substantial evidence in that the Village reasonably considered the plaintiff’s Village Code violations. Michael A. Miranda and Ron Ben-Bassat defended the Village. Autotech Collision, Inc. v. Incorporated Village of Lynbrook, 76 A.D.3d 559, 906 N.Y.S.2d 507 (2d Dep’t 2010).
