Legal Opinion
Sposato v. Village of Pelham
Appellate Division of the Supreme Court of the State of New York
Decided August 14, 2000PublishedCited by 3 opinions
1Opinion of the Court
—In an action, inter alia, to re-; *365cover damages for the wrongful issuance of a building permit, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered September 21, 1999, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
The Supreme Court properly dismissed the complaint pursuant to CPLR 3211 (a) (7) since the granting of a building permit “is a discretionary determination and the actions of the government in such instances are immune from lawsuits” (City of…
2Cases cited9 opinions
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Rottkamp v. YoungNew York Court of Appeals · 1965
- City of New York v. 17 Vista AssociatesNew York Court of Appeals · 1994
- Ansonia Associates Ltd. Partnership v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- Koehler v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2003
- Broncati v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2004
- Sharp v. Incorporated Vil. of Farmingdale, N.Y.Appellate Division of the Supreme Court of the State of New York · 2015