The New York Office of Motor Cars suspended a Manhattan lawyer’s driver’s license because his stolen car was uninsured when it was crashed by a thief, he claims.
The DMV then refused to accept evidence that the attorney’s vehicle experienced been wrongly taken, professing a police report about the theft and his testifying against the thief did not establish the crook was performing devoid of his permission, he prices.
Mark Lubelsky claimed the May possibly 23, 2019 theft of his 2017 Lexus GS350 from his building’s parking garage to the NYPD, and notified DMV of the theft and loss of his license plates, according to court docket papers. The theft prompted his insurance company, Condition Farm, to declare the car or truck a overall reduction.
The thief, Devon Brown Jr., was caught considerably less than a thirty day period later, and billed with grand larceny following he allegedly crashed the $52,000 automobile and led police on a chase in Brooklyn.
DMV notified Lubelsky in producing that his license had been suspended “effective 3/16/2022,” because his uninsured automobile experienced been in an accident, he stated in Manhattan Supreme Court docket papers trying to get to overturn the go. The letter was dated Feb. 14, but Lubelsky explained he received it just two months ahead of the suspension day. The only route to avoid the suspension was to confirm his stolen car or truck had been insured when the thief crashed it, Lubelsky contends.
DMV staff allegedly agreed the license suspension was “absurd” but claimed they experienced no electricity to resolve it, rates Lubelsky, who mentioned in legal papers that Albany DMV workers refused to take faxed paperwork from their individual community place of work and even demanded he verify the thief “was not authorized to travel the vehicle.”
“After I experienced discussed that I experienced documented the car stolen, that Devon Brown was arrested for stealing the motor vehicle, and that I testified versus him before the grand jury, the defendant’s agent astoundingly responded that all those specifics do not show that I did not authorize Devon Brown to drive the automobile,” Lubelsky claimed in courtroom papers.
Lubelsky went to courtroom in a bid to conserve his license, but withdrew the authorized papers immediately after the point out Legal professional General’s office environment stepped in and settled the circumstance, he said.
“DMV mistakenly revoked my license owing to a computer system mistake and there was no way to repair it other than to sue DMV,” Lubelsky advised The Write-up. “I have no strategy what I would have carried out if I wasn’t a lawyer with all the means of a legislation firm at my disposal.”
The DMV reported Lubelsky’s license was not suspended or revoked, and a spokesman added the department “resolved this misunderstanding ahead of any license sanction was put in location.”