Firm News

SG Obtains Pre-Answer Dismissal of Complaint in Municipal Occupancy Case

Louis U. Gasparini and Michael G. Del Vecchio recently obtained pre-answer dismissal of a Complaint filed in Putnam County Supreme Court alleging that our municipal client was negligent in the issuance of a certificate of occupancy.

Plaintiff claimed that the municipality improperly issued a certificate of occupancy to their neighbors, alleging that the neighboring property was not constructed in accordance with the filed plans, resulting in water run off which caused damage to plaintiffs’ property. Plaintiffs asserted claims for injunctive relief, as well as monetary damages for property damage and mental anguish.

Attorneys Louis U. Gasparini and Michael Del Vecchio successfully argued that the plaintiffs’ claim sounded in relief only available in a CPLR Article 78 proceeding and was untimely. They further argued that the plaintiffs failed to exhaust available administrative remedies by failing to take an appeal to the Zoning Board of Appeals. They also successfully argued that the municipality and its building inspector were immune from suit for such discretionary acts such as the issuance of a certificate of occupancy.

-Michael G. Delvecchio, Louis U. Gasparini

Fri May 10 2024, 7:14am