Opinion
Submitted May 15, 2000
August 15, 2000.
In an action, inter alia, to recover 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).
William T. Barbera, Pelham, N.Y., for appellant.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for respondents.
Before: SONDRA MILLER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly dismissed the complaint pursuant to CPLR 321 1(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 New York v. 17 Vista Assocs., 84 N.Y.2d 299, 307; see, Rottkamp v. Young, 15 N.Y.2d 831, affg 21 A.D.2d 373; Dinerman v. Poehlman, 237 A.D.2d 483; Ilson v. Incorporated Vil. of Ocean Beach, 79 A.D.2d 697). There was no special relationship between the plaintiff and the municipality (see, Rickson v. Town of Schuyler Falls, 263 A.D.2d 863; Lauer v. City of New York, 258 A.D.2d 92, revd on other grounds 95 N.Y.2d 95; Greifenberger v. Pav, 225 A.D.2d 731).