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Yan Shou Kong v. Town of Huntington

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2004
4 A.D.3d 419 (N.Y. App. Div. 2004)

Opinion

2002-11338.

Decided February 9, 2004.

In an action, inter alia, to recover damages arising out of the revocation of a building permit, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Burke, J.), entered July 11, 2002, which denied his motion for summary judgment and granted the defendant's cross motion for summary judgment dismissing the complaint.

Raymond H. Wong, P.C., New York, N.Y. (Steven C. Cunningham of counsel), for appellant.

James F. Matthews, Huntington, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO and SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

On the facts presented, the defendant, Town of Huntington, may not be held liable to the plaintiff in damages for the acts of its building inspector in erroneously issuing a building permit, or for the subsequent decision to revoke the permit ( see Matter of Parkview Assocs. v. City of New York, 71 N.Y.2d 274; Okie v. Village of Hamburg, 196 A.D.2d 228; 154 East Park Ave. Corp. v. City of Long Beach, 49 A.D.2d 949, affd 52 N.Y.2d 991, cert denied 454 U.S. 858; Rottkamp v. Young, 21 A.D.2d 373, afff 15 N.Y.2d 831).

The plaintiff's remaining contentions are without merit.

RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.


Summaries of

Yan Shou Kong v. Town of Huntington

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2004
4 A.D.3d 419 (N.Y. App. Div. 2004)
Case details for

Yan Shou Kong v. Town of Huntington

Case Details

Full title:YAN SHOU KONG, appellant, v. TOWN OF HUNTINGTON, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 2004

Citations

4 A.D.3d 419 (N.Y. App. Div. 2004)
771 N.Y.S.2d 378

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