Opinion
January 29, 1991
Appeal from the Court of Claims (Albert A. Blinder, J.).
When Housing Court clerks, unable to locate a particular case file, caused the issuance and execution of a warrant of eviction based on re-created papers, even though a subsequent order had vacated the judgment of eviction, defendant was properly held liable for their negligence in losing track of the file in the first place, and in failing to alert the marshal who held the warrant, once the file was recovered, that the dispossess petition had been dismissed. There is no governmental immunity for the actions or omissions of nonjudicial employees in negligently performing their everyday, ministerial duties (National Westminster Bank v State of New York, 155 A.D.2d 261; Saunsen v State of New York, 81 A.D.2d 252).
Concur — Rosenberger, J.P., Ellerin, Wallach and Smith, JJ.