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

No. 111 SSM 16.

34 N.Y.3d 963 (2019)

135 N.E.3d 300

111 N.Y.S.3d 257

2019 NY Slip Op 07478

CITY OF NEW YORK, Appellant, v. TRI-RAIL CONSTRUCTION, INC., et al., Respondents.

Court of Appeals of New York.

Decided October 17, 2019.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Aaron M. Bloom , Richard Dearing and Devin Slack of counsel), for appellant.

Keane & Bernheimer, PLLC, Valhalla ( Connor W. Fallon of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion to dismiss the complaint denied.

The City has the general capacity to sue for the negligent destruction of its property (see General City Law § 20[1]; New York City Charter § 394[c]). Moreover, the provisions upon which defendants rely do not abrogate the City's claim...

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