Pettorino v. Incorporated Village of Valley Stream

Appellate Division of the Supreme Court of New York

Pettorino v. Incorporated Village of Valley Stream

63 A.D.2d 967, 405 N.Y.S.2d 505, 1978 N.Y. App. Div. LEXIS 12016

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 5, 1978

StatusPublished

Cited by1 cases

This text of 63 A.D.2d 967 (Pettorino v. Incorporated Village of Valley Stream) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pettorino v. Incorporated Village of Valley Stream, 63 A.D.2d 967, 405 N.Y.S.2d 505, 1978 N.Y. App. Div. LEXIS 12016 (N.Y. Ct. App. 1978).

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Opinion

In an action to recover damages for malicious prosecution, abuse of process and prima facie tort, arising out of an alleged conspiracy to deny plaintiffs a building permit, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated April 7, 1977, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7). Order affirmed, with $50 costs and disbursements. A municipality is immune from liability for the performance of quasi-judicial or discretionary functions (Rottkamp v Young, 21 AD2d 373, affd 15 NY2d 831). In any event, the action is barred for failure to serve and file a timely notice of claim (see Bloomñeld Bldg. Wreckers v City of Troy, 50 AD2d 673, affd 41 NY2d 1102). Hopkins, J. P., Titone, Gulotta and O’Connor, JJ., concur.

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In an action to recover damages for malicious prosecution, abuse of process and prima facie tort, arising out of an alleged conspiracy to deny plaintiffs a building permit, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated April 7, 1977, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7). Order affirmed, with $50 costs and disbursements. A municipality is immune from liability for the performance of quasi-judicial or discretionary functions (Rottkamp v Young, 21 AD2d 373, affd 15 NY2d 831). In any event, the action is barred for failure to serve and file a timely notice of claim (see Bloomñeld Bldg. Wreckers v City of Troy, 50 AD2d 673, affd 41 NY2d 1102). Hopkins, J. P., Titone, Gulotta and O’Connor, JJ., concur.

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Bluebook (online)

63 A.D.2d 967, 405 N.Y.S.2d 505, 1978 N.Y. App. Div. LEXIS 12016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettorino-v-incorporated-village-of-valley-stream-nyappdiv-1978.

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