Tucker v. City of Albany Department of Fire Emergency & Building Services

Mercure, J.P.

Plaintiff is the owner of a two-family home located in the City of Albany. One evening in June 2003, after hearing a loud noise, plaintiff discovered that a portion of the home’s foundation had collapsed. She then contacted a friend, who called 911 and summoned defendant to the home. After determining that the home was in danger of imminent collapse and a threat to the public safety, defendant ordered that it be demolished the following morning. Plaintiff thereafter commenced this action, individu*1079ally and on behalf of her daughter, asserting claims of negligence and trespass.…