Q&A
Mastro's personal lawsuit against NYC over a $375 fine
4:09:03
·
4 min
Council Member Brannan questions Mastro about a personal lawsuit he filed against NYC and the FDNY over a $375 fine for unwarranted fire alarms. Mastro defends his actions, framing the lawsuit as a stand against bureaucratic inefficiency.
- Brannan highlights Mastro's use of firm resources to fight a small fine
- Mastro explains he didn't disclose this lawsuit due to the wording of the council's question
- He justifies the lawsuit as an example of standing up against city bureaucracy
- Brannan questions the appropriateness of using extensive resources for a small personal matter
Justin Brannan
4:09:03
Okay.
4:09:03
Talking to your tenacity and if maybe there's a time on tenacity has gone too far.
4:09:08
You didn't list this in your responses to our prehearing questions about legal actions against the city.
4:09:13
But in 2014, when you were still a partner at Gibson Dunn, you personally sued the city of New York and the FDNY over a $375 fine that you received for failing to prevent 2 unwarranted fire alarms at your residence.
4:09:27
Do you remember this?
Randy Mastro
4:09:29
Short answer is obvious I remembered, and I didn't list it because the question was when I represented a client, I I actually was represented by someone else in the in that matter.
4:09:41
And the reason why Okay.
Justin Brannan
4:09:43
But let let me just finish.
4:09:44
So this is a $375 fine.
4:09:47
That you appealed to find before oath.
4:09:49
Then when oath ruled against you, you used firm resources at Gibson Dunn, namely a Gibson Dunn associate, to file your briefs and argue your case in the appellate division first in supreme court.
4:10:01
For $375 fine.
4:10:03
When you lost there, you appealed to the appellate division in the first department where a 3 judge panel ruled against you in 2017.
4:10:11
In addition to your own firm's resources, your lawsuit required the time of 4 law department attorneys to defend the city taking their attention away from other work.
4:10:22
This was litigation that you brought against the city that you you should have disclosed.
4:10:26
So why didn't you disclose this information in response to questions about your legal actions against the city?
Randy Mastro
4:10:33
It wasn't because you asked the question from the council was litigations where I represented a client against the city.
4:10:43
But to be clear, in that instance,
Justin Brannan
4:10:47
wouldn't that be a technicality though to to withhold information?
Randy Mastro
4:10:53
11, I I understood the question to be where I was a lawyer representing clients.
4:10:58
So I'm not I'm not resting on a technicality.
4:11:01
But the fact of the matter is that there the reason for that litigation and the same articles you're probably quoting from quoted me saying this is that the fine was imposed because I was supposed to have corrected a false fire alarm.
4:11:19
I did correct the false fire alarm.
4:11:21
I put in the proof that I had corrected the false fire alarm, and the fire department didn't get around to acknowledging the correction until after the date when they imposed a new fine.
4:11:35
And it was an example of the kind of thing that drives people in our city.
4:11:41
New Yorkers crazy about the bureaucracy of the city.
4:11:45
I shouldn't have been fined.
4:11:47
So the issue was what but let's of of of But let's come out let's do the city
Justin Brannan
4:11:52
of Bureaus.
4:11:53
Let's do
Randy Mastro
4:11:53
the city of Bureaus.
4:11:53
Think not am big.
Justin Brannan
4:11:54
Do you think it makes do you think it makes sense?
4:11:57
And what does it speak to when you're when you're going to such great lengths to fight a $375 fine.
4:12:04
Certainly, most New Yorkers do not have the the firepower and the resources that that you were able to bring forth for for a $375 fine.
Randy Mastro
4:12:13
I think that more is being made of this now than it was Well, sure.
4:12:19
But the fact of the matter is that it was an example of how the city bureaucracy sometimes drives average New Yorkers nuts.
4:12:27
And I I thought it was an issue worth establishing.
4:12:30
I'm surprised that we didn't win because the evidence showed that I shouldn't have been fined.
4:12:35
But, you know, the the fact of the matter is the my colleagues were pleased to do it and get the experience, and it was an example of you know, government having gone too far.
4:12:47
I'm sure many of you have experienced the same thing and felt that frustration.
Justin Brannan
4:12:52
I'm sure people who were actually trying to fight fines that they, you know, trying to make ends meet who weren't able to do that because the law the lawyers at the law department were focused on fighting your 3rd 35th
UNKNOWN
4:13:04
is fine.
Randy Mastro
4:13:04
They're actually standing up for New Yorkers against
Justin Brannan
4:13:07
You were standing up for yourself.
Randy Mastro
4:13:08
It's it's standing up for New Yorkers against bureaucracy.
4:13:11
Run a muck.
4:13:11
I I so it's not about me individually.
4:13:15
It's about having sensible procedures and bureaucrats treating average New Yorkers the right way.
4:13:21
It was not intended to offend.
4:13:23
It was intended to vindicate the rights of average New Yorkers.