Dinerman v. Poehlman

In an action, inter alia, to recover damages for the wrongful issuance of a building permit, the defendant City of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated January 19, 1996, as granted that branch of the plaintiffs motion which was to dismiss the affirmative defense of governmental immunity and denied its cross motion to dismiss the complaint and the cross claim insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs…