11/21/2017: Supreme Court Grants Motion to Dismiss Unlawful Action filed by New York City against Sidewalk Contractor

This case presented a unique issue of unlawful government overreach. Our client, a sidewalk contractor, performed routine sidewalk repair in Manhattan. New York City then brought a law suit in Supreme Court seeking over $50,000 in purported damages to tree roots at that location, despite the fact that the City already brought an action before the Environmental Control Board which had been resolved. We filed a motion to dismiss the lawsuit based on the grounds that, pursuant to the NYC Charter and Administrative Code, the City does not have the legal authority to bring the lawsuit in Supreme Court. In a thoughtful 8-page decision, the Supreme Court Justice Barbara Jaffe agreed with our argument and granted our motion to dismiss in its entirety.  The City of New York v. B Green Construction Corp., Supreme Court New York County, Index No. 450230/2015   Click here to see the decision.