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365 W END v. ENVTL PROTECTION

195 Misc.2d 505 (2003)

759 N.Y.S.2d 299

365 WEST END LLC, Plaintiff, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Defendants.

Civil Court, New York County.

March 18, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Mark W. Muschenheim of counsel), for defendants.

Cutler Minikes & Adelman LLP, New York City (Matthew D. Schwarz of counsel), for plaintiff.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

Resolution of this motion to dismiss for failure to state a cause of action requires the court to determine whether the municipal defendants should be afforded immunity for the issuance of a three-day notice by an inspector from the New York City Department of Environmental Protection (DEP). As a consequence of receiving the notice, plaintiff, a residential landlord, was...

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