Kosiba v. City of Syracuse

Ordinarily a municipal corporation cannot be sued for damages arising from the negligence of its officers and agents while in the discharge of their duties unless it consents to be sued pursuant to legislative enactment. By section 244 of the Second Class Cities Law certain municipal governments consent to be sued for damages arising out of certain torts of their agents, officers or employees. Municipal corporations, however, never consented to accept liability for the negligence of their agents, officers, employees or appointees committed while in the discharge of purely governmental…