Rolfe v. Village of Falconer

OPINION OF THE COURT

Memorandum.

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

Plaintiff seeks to recover damages for the loss of asbestos shingles that were allegedly stolen by one Kenneth Lanan-ger, who had received from defendant a building permit to remodel and enlarge two porches and an entrance on plaintiff’s building. In obtaining the permit, Lananger represented himself to be the building’s owner.

Plaintiff’s action cannot succeed. The purpose of the building permit is to ensure compliance with the pertinent construction laws. Nothing in the ordinances indicates that…