154 East Park Avenue Corp. v. City of Long Beach

Full title: 154 EAST PARK AVENUE CORP. et al., Appellants, v. CITY OF LONG BEACH et…

Court: Court of Appeals of the State of New York

Date published: Feb 17, 1981

52 N.Y.2d 991 (N.Y. 1981)

438 N.Y.S.2d 288

420 N.E.2d 86

Opinion

Argued January 6, 1981

Decided February 17, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERTRAM HARNETT, J.

Charles D. Maurer and Seymour M. Custen for appellants.

Eli Kramer, Corporation Counsel (Samuel Ungar of counsel), for respondents.

MEMORANDUM.

The order of the Appellate Division appealed from, and prior order of the Appellate Division brought up for review, should be affirmed, with costs.

Although it is established on this record that the respondents' revocation of the building permit was erroneous, the Appellate Division nonetheless was correct in rejecting plaintiffs' claim for damages. The revocation was a discretionary act for which neither the municipality nor the building inspector will be held liable (Rottkamp v Young, 21 A.D.2d 373, affd 15 N.Y.2d 831).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.