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CITY OF NEW YORK v. B GREEN CONSTR. CORP.

450230/15. Appeal No. 12750. Case No. 2018-21819.

190 A.D.3d 407 (2021)

135 N.Y.S.3d 635

2021 NY Slip Op 00004

City of New York, Appellant, v. B Green Construction Corp., Respondent.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( D. Alan Rosinus, Jr. , of counsel), for appellant.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

The City of New York commenced this action alleging that defendant negligently damaged five City trees while repairing a sidewalk. "The City has the general capacity to sue for the negligent destruction of its property" (City of New York v Tri-Rail Constr., Inc., 34 N.Y.3d 963, 964 [2019]; see General City Law § 20[1]; NY City Charter § 394[c]). As defendant acknowledges, Tri-Rail Constr., decided after the Supreme Court order was made, controls...

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