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154 E. PARK AVE. CORP. v. CITY OF LONG BEACH

52 N.Y.2d 991 (1981)

154 East Park Avenue Corp. et al., Appellants, v. City of Long Beach et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 1981.

Attorney(s) appearing for the Case

Charles D. Maurer and Seymour M. Custen for appellants.

Eli Kramer, Corporation Counsel (Samuel Ungar of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division appealed from, and prior order of the Appellate Division brought up for review, should be affirmed, with costs.

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. The revocation was a discretionary act for which neither...

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