Higby Enterprises, Inc. v. City of Utica

This is a motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (subd. [a], par. 7) on the ground that the pleading fails to state a cause of action.

The plaintiff’s complaint seeks to recover damages allegedly sustained by the plaintiff corporation as a result of claimed negligent acts of the Common Council and the executive branch *406of the defendant municipality. The basis for.the motion is that the negligence complained of is that of the City Clerk of the City of Utica and since his actions involved a purely governmental function, no action will lie against it for the negligence…