Kenavan v. City of New York

I agree with the majority’s conclusion that plaintiffs’ purported cause of action under section 205-a of the General Municipal Law cannot be sustained. I also agree that their common-law negligence claims based upon the City’s failure timely to tow the abandoned vehicle were properly rejected at the Appellate Division. I write separately, however, because I cannot agree that the "error in judgment” rule should be applied to preclude recovery here.

I do not dispute the existence of the broad legal proposition that recovery in negligence cannot be had for mere errors in judgment arising from the…