365 West End LLC v. New York City Department of Environmental Protection

OPINION OF THE COURT

Paul G. Feinman, J.

Resolution of this motion to dismiss for failure to state a cause of action requires the court to determine whether the municipal defendants should be afforded immunity for the *506issuance of a three-day notice by an inspector from the New York City Department of Environmental Protection (DEP). As a consequence of receiving the notice, plaintiff, a residential landlord, was obliged to expend funds to hire a contractor to excavate the street in front of its building in order to repair an underground water pipe. It turned out that the leaky pipe did not…