City of New York v Tri-Rail Constr., Inc, 34 NY3d 963 (2019)

2019 NYSlipOp 07478 [34 NY3d 963]
October 17, 2019
Court of Appeals

[*1]

City of New York, Appellant,
v
Tri-Rail Construction, Inc., et al., Respondents.

Decided October 17, 2019

City of New York v Tri-Rail Constr. Inc., 163 AD3d 411, reversed.

{**34 NY3d at 964} 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 {**34 NY3d at 965}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 NY3d 341, 351 [2011]). Defendants have not established that the City lacks a cognizable common-law claim.

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

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.