Case Details


Attorney General Authority To Sue, Control Of Litigation

Filing State



Supreme Court of the State of New York Appellate Division




New York v. Allan Greco, 21 A.D.3d 470, 800 N.Y.S.2d 214 (N.Y. App. Div. 2005).


Attorney General may pursue anti-corruption action on behalf of municipality.

Case Description

In a suit filed by the Attorney General against the Director of the Suffolk County Department of Real Estate, alleging improper conduct in connection with a purchase of real estate by the County, the New York appeals court dismissed arguments by the defendants that the Attorney-General may invoke the state’s “Tweed” Law (addressing public corruption), only when a municipality otherwise refuses to act upon a viable basis for recovery, or upon allegations that every relevant municipal official was involved in the targeted wrongful conduct. The court held, “In sum, the Tweed Law vests the Attorney-General with the discretionary authority to seek the recovery of money or property (other than real property) belonging to the State or a municipality, or to recover damages or other compensation for the same, or both, pursuant to any viable action or proceeding at law or in equity available to the State or municipality.”