1766-68 ASSOCIATES, LP v. CITY OF NEW YORK

6577, 118222/09

91 A.D.3d 519 (2012)

937 N.Y.S.2d 33

2012 NY Slip Op 296

1766-68 ASSOCIATES, LP, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2012.


The motion court properly dismissed the cause of action alleging that the City failed to enforce Building Code provisions relating to construction, excavation, and blasting by not ordering the Metropolitan Transit Authority (MTA) defendants to perform the work required to stabilize or otherwise protect plaintiff's building. No liability lies against the City for its discretionary decisions relating to issuing orders, directives, permits, or the like even where the code allows...

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