Rhynders v. Greene

The plaintiff complains that the defendant, as a result of the negligent performance of his duties as Superintendent of Public Works of the State while building a highway through the village of Red Hook, inflicted injury upon plaintiff’s property; and that the negligence of the' defendant and the injury to the property are continuing. Injunctive relief and money damages are sought.

It is the contention of the defendant that the complaint alleges a cause of action against him in his official capacity, and that any money damages suffered should be recovered, if at all, against the State, through…