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

420 N.E.2d 86, 52 N.Y.2d 991, 438 N.Y.S.2d 288, 1981 N.Y. LEXIS 2225
CourtNew York Court of Appeals
DecidedFebruary 17, 1981
StatusPublished
Cited by16 cases

This text of 420 N.E.2d 86 (154 East Park Avenue Corp. v. City of Long Beach) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
154 East Park Avenue Corp. v. City of Long Beach, 420 N.E.2d 86, 52 N.Y.2d 991, 438 N.Y.S.2d 288, 1981 N.Y. LEXIS 2225 (N.Y. 1981).

Opinion

OPINION OF THE COURT

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 AD2d 373, affd 15 NY2d 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.

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Bluebook (online)
420 N.E.2d 86, 52 N.Y.2d 991, 438 N.Y.S.2d 288, 1981 N.Y. LEXIS 2225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/154-east-park-avenue-corp-v-city-of-long-beach-ny-1981.