Lloyd v. Town of Wheatfield

• Citation: 501 N.Y.S.2d 323,492 N.E.2d 396,67 N.Y.2d 809
• Parties: , 492 N.E.2d 396 Gregory J. LLOYD et al., Appellants, v. TOWN OF WHEATFIELD, Respondent.
• Decision Date: 20 March 1986
• Court: New York Court of Appeals

Page 323

501 N.Y.S.2d 323

67 N.Y.2d 809, 492 N.E.2d 396

Gregory J. LLOYD et al., Appellants, v. TOWN OF WHEATFIELD, Respondent.

Court of Appeals of New York.

March 20, 1986.

Roger J. Niemel, North Tonawanda, for appellants.

F. Warren Kahn, Niagara Falls, for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 109 A.D.2d 1084, 487 N.Y.S.2d 235 should be affirmed, with costs.

The damages sought by plaintiffs, for purely economic loss, are too speculative as a matter of law to sustain plaintiffs' causes of action and the complaint, therefore, was properly dismissed (see, Tobin v. Grossman, 24 N.Y.2d 609, 615-616, 301 N.Y.S.2d 554, 249 N.E.2d 419 [citing Battalla v. State of New York, 10 N.Y.2d 237, 242, 219 N.Y.S.2d 34, 176 N.E.2d 729]; cf. Friedland v. Myers, 139 N.Y. 432, 435, 34 N.E. 1055 [damages may be recovered provided that they are proximate in effect, neither speculative nor uncertain in character and were reasonably foreseen as a consequence of the wrong] ). Accordingly, we need not decide whether the decision of defendant's building inspector involved discretionary or ministerial conduct (see, Rottkamp v. Young, 21 A.D.2d 373, 249 N.Y.S.2d 330, affd. on opn. below 15 N.Y.2d 831, 257 N.Y.S.2d 944, 205 N.E.2d 866).

WACHTLER, C.J., and MEYER, SIMONS, KAYE, ALEXANDER and TITONE, JJ., concur.

HANCOCK, J., taking no part.

Order affirmed, with costs, in a memorandum.