Since the determination of whether to issue a building permit is a discretionary, the Village defendants were immune from liability, and the court found the plaintiffs failed to state a cause of action to recover from the Village defendants for their increased costs or for damages arising from the delay in issuing a building permit. Furthermore, defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing that they were acting within the scope of their authority as the Village’s building inspector/code enforcement officials with regard to the discretionary determination of whether to issue a building permit, thereby entitling them to immunity. The court held the plaintiffs’ contention that the defendant inspectors’ motion should have been denied as premature was improperly raised for the first time on appeal. The dismissal of the complaint was therefore affirmed.
Sharp v Incorporated Village of Farmingdale, 129 A.D. 3d 821 (NYAD 2 Dept. 6/10/2015)