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SPOSATO v. VILLAGE OF PELHAM

275 A.D.2d 364 (2000)

712 N.Y.S.2d 424

ANTHONY SPOSATO, Appellant, v. VILLAGE OF PELHAM et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 14, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint pursuant to CPLR 3211 (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...

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