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PROPERTIES HACKER, LLC v. CITY OF NEW YORK

21988/18E. Appeal No. 12671. Case No. 2020-02902.

189 A.D.3d 589 (2020)

139 N.Y.S.3d 18

2020 NY Slip Op 07682

Properties Hacker, LLC, Respondent, v. City of New York, Appellant, et al., Defendant.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Deborah R. Kerzhner of counsel), for appellant.

Horing Welikson Rosen & Digrugilliers PC, Williston Park ( Richard T. Walsh of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

As plaintiff concedes, all claims against the New York City Department of Transportation should be dismissed because it is not a suable entity.

The second cause of action seeks the right to relocate, restore, or rebuild a sign that was taken by eminent domain in 2007. However, once a property is condemned, the condemnee's rights in the property are "completely extinguished" (Vitucci v New York City School Constr. Auth., 289 A.D.2d 479

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