CITY OF NEW YORK v. TRI-RAIL CONSTR., INC.

7040. 450129/16.

163 A.D.3d 411 (2018)

76 N.Y.S.3d 404

2018 NY Slip Op 04954

City of New York, Respondent, v. Tri-Rail Construction, Inc., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 3, 2018.


Plaintiff (the City) seeks money damages for injury to trees caused by the sidewalk repairs performed by defendants for the adjacent property owner. The motion court erred in ruling that the City has the capacity to sue for the negligent destruction of its property. A municipality does not have a common-law right to bring suit; its right to sue, if any, "must be derived from the relevant enabling legislation or some other concrete statutory predicate" (Community Bd. 7...

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