CITY OF NEW YORK v. TRI RAIL CONSTRUCTION INC (2019)

Court of Appeals of New York.

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

No. 111 SSM 16

Decided: October 17, 2019

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 for damage to its property (see generally Assured Guar. [UK] Ltd. v J.P. Morgan Inv. Mgt. Inc., 18 N.Y.3d 341, 351, 939 N.Y.S.2d 274, 962 N.E.2d 765 [2011] ). Defendants have not established that the City lacks a cognizable common law claim.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and defendants' motion to dismiss the complaint denied, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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