City of New York v. Verizon New York, Inc.

I would reverse and grant defendants’ motion to dismiss the complaint for failure to state a cause of action, with leave to replead a common-law cause of action for such relief.

The City seeks to recover penalties pursuant to Administrative Code of the City of New York § 19-150 for 103 days of delay in the amount of $5,000 per day for each day of defendants’ alleged continuing violation of Administrative Code § 24-521 by failing to comply with a February 5, 2001 notice, or “order out,” *132to remove, shift or alter their poles and appurtenant facilities which interfered with the construction of…