Home/New York Court of Appeals/Lloyd v. Town of Wheatfield

Lloyd v. Town of Wheatfield

492 N.E.2d 396, 67 N.Y.2d 809, 501 N.Y.S.2d 323, 1986 N.Y. LEXIS 17526
CourtNew York Court of Appeals
DecidedMarch 20, 1986
StatusPublished
Cited by17 cases

This text of 492 N.E.2d 396 (Lloyd v. Town of Wheatfield) 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
Lloyd v. Town of Wheatfield, 492 N.E.2d 396, 67 N.Y.2d 809, 501 N.Y.S.2d 323, 1986 N.Y. LEXIS 17526 (N.Y. 1986).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The damages sought by plaintiffs, for purely economic loss, are too speculative as a matter of law to sustain plaintiffs’ causes of action and the complaint, therefore, was properly dismissed (see, Tobin v Grossman, 24 NY2d 609, 615-616 [citing Battalla v State of New York, 10 NY2d 237, 242]; cf. Friedland v Myers, 139 NY 432, 435 [damages may be recovered provided that they are proximate in effect, neither speculative nor uncertain in character and were reasonably foreseen as a consequence of the wrong]). Accordingly, we need not decide *811 whether the decision of defendant’s building inspector involved discretionary or ministerial conduct (see, Rottkamp v Young, 21 AD2d 373, affd on opn below 15 NY2d 831).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.

Order affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Valvetech, Inc. v. OHB System AG
W.D. New York, 2020
SHMUELI, SHMUEL v. WHITESTAR DEVELOPMENT CORP.
Appellate Division of the Supreme Court of New York, 2017
Shmueli v. Whitestar Development Corp.
148 A.D.3d 1814 (Appellate Division of the Supreme Court of New York, 2017)
CRVELIN, MELINA v. BOARD OF EDUCATION OF THE CITY SCHO
Appellate Division of the Supreme Court of New York, 2016
Crvelin v. Board of Education
144 A.D.3d 1649 (Appellate Division of the Supreme Court of New York, 2016)
TSL (USA) Inc. v. OppenheimerFunds, Inc.
113 A.D.3d 410 (Appellate Division of the Supreme Court of New York, 2014)
Rakylar v. Washington Mutual Bank
51 A.D.3d 995 (Appellate Division of the Supreme Court of New York, 2008)
Neos v. Lacey
2 A.D.3d 812 (Appellate Division of the Supreme Court of New York, 2003)
Ferrarese v. USAA Casualty Insurance
293 A.D.2d 709 (Appellate Division of the Supreme Court of New York, 2002)
Cambridge Associates v. Town of North Salem
282 A.D.2d 702 (Appellate Division of the Supreme Court of New York, 2001)
Ecker v. Zwaik & Bernstein, P. C.
240 A.D.2d 360 (Appellate Division of the Supreme Court of New York, 1997)
Special Products Manufacturing, Inc. v. Douglass
169 A.D.2d 891 (Appellate Division of the Supreme Court of New York, 1991)
Pietra v. State
125 A.D.2d 936 (Appellate Division of the Supreme Court of New York, 1986)
Haven Associates v. Donro Realty Corp.
121 A.D.2d 504 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
492 N.E.2d 396, 67 N.Y.2d 809, 501 N.Y.S.2d 323, 1986 N.Y. LEXIS 17526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-town-of-wheatfield-ny-1986.