154 East Park Ave. Corp. v. City of Long Beach
| Decision Date | 17 February 1981 |
| Citation | 420 N.E.2d 86,438 N.Y.S.2d 288,52 N.Y.2d 991 |
| Parties | , 420 N.E.2d 86 154 EAST PARK AVENUE CORP. et al., Appellants, v. CITY OF LONG BEACH et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division appealed from, and prior order of the Appellate Division brought up for review, should be affirmed, with costs, 423 N.Y.S.2d 453.
Although it is established on this record that the respondents' revocation of the building permit was erroneous, the Appellate Division nonetheless was correct in rejecting plaintiffs' claim for damages, 49 A.D.2d 949, 374 N.Y.S.2d 569. The revocation was a discretionary act for which neither the municipality nor the building inspector will be held liable (Rottkamp v. Young, 21 A.D.2d 373, 249 N.Y.S.2d 330, affd. 15 N.Y.2d 831, 257 N.Y.S.2d 944, 205 N.E.2d 866).
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E.F.S. Ventures Corp. v. Foster
...v. City of Long Beach, 76 Misc.2d 445, 350 N.Y.S.2d 974, modified on other grounds 49 A.D.2d 949, 374 N.Y.S.2d 569, affd. 52 N.Y.2d 991, 438 N.Y.S.2d 288, 420 N.E.2d 86, cert. denied 454 U.S. 858, 102 S.Ct. 310, 70 L.Ed.2d 155). Having determined that the planning board was legally obligate......
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Dinsky v. Town of Framingham
...a duty to the plaintiff beyond that owed to the public generally. For cases reaching a similar result see 154 E. Park Ave. Corp. v. Long Beach, 52 N.Y.2d 991, 420 N.E.2d 86 (1981); Motyka v. Amsterdam, 15 N.Y.2d 134, 256 N.Y.S.2d 595, 204 N.E.2d 635 (1965); Young v. Abdella, 84 App.Div.2d 8......
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Sinhogar v. Parry
...the complaint against Philip Toia in his individual capacity was properly dismissed (cf., also, 154 East Park Ave. Corp. v. City of Long Beach, 52 N.Y.2d 991, 436 N.Y.S.2d 288, 420 N.E.2d 86). Finally in this category, we observe that both courts below have held, and we agree, that whether ......
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Sharp v. Inc. Vill. of Farmingdale
...(see City of New York v. 17 Vista Assoc., 84 N.Y.2d at 307, 618 N.Y.S.2d 249, 642 N.E.2d 606 ; 154 E. Park Ave. Corp. v. City of Long Beach, 52 N.Y.2d 991, 993, 438 N.Y.S.2d 288, 420 N.E.2d 86 ; Emmerling v. Town of Richmond, 13 A.D.3d 1150, 1150–1151, 787 N.Y.S.2d 754 ; Rottkamp v. Young, ......
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