Rottkamp v. Young

In Rottkamp v. Young, 21 AD2d 373 [1964], affd for reasons stated below 15 NY2d 831 [1965] the Court held that a building inspector was immune from suit for his determination that the plaintiff was not entitled to a building permit. Although the denial of the permit was later determined in an article 78 proceeding to have been erroneous, the conduct of the inspector in denying the permit was discretionary and quasi-judicial in nature because it "involved the construction of the zoning ordinance and a consideration of the facts before him -- an act which a building inspector must perform as part of his responsibilities" (Rottkamp v. Young, 21 AD2d at 376.) In Rottkamp v. Young, 15 NY2d 831 [1965], the order of the trial court dismissing the complaint was affirmed by the Appellate Division which set forth, in part, that the action of the respondent in refusing to issue the permit, although erroneous, was discretionary and quasi-judicial in character, rendering him immune from liability therefor; that his power to issue a building permit should not be hampered in its exercise by the threat of suit for damages; that the policy considerations which protected a public officer dictated the same protection for the municipality whose interests were served by his acts, and that the granting or withholding of a building permit was an exercise of sovereign power.