September 4, 2008

Municipal liability.

Practice point: A municipality is immune from liability arising from a claim that it negligently designed the sewerage system, but not from a claim that it negligently maintained the sewerage system, since this implicates conduct which is ministerial in nature.

Case: Moore v. City of Yonkers, NY Slip Op 06636 (2d Dept. 2008)

The opinion is here.