In Idlewild 94-100 Clark, LLC v. City of New York, 27 Misc. 3d 1006, 1022, 898 N.Y.S.2d 808 (Sup. Ct. Kings Co. 2010), the court, in dismissing plaintiff's claim for damages arising from the City's demolition of one if its buildings found that the City was entitled to immunity from liability and not liable for damages because "DOB's determination that an Immediate Emergency existed, warranting demolition of the Building, was a discretionary act entitling the City Defendants to full immunity from liability."
The Idlewild court further reasoned that "although DOB follows a prescribed set of procedures in executing the act, the determination of emergency itself relies on the judgment of professionals such as ... engineers, and is not improper merely because others would have reached a different conclusion as to the structural soundness of the Building." Id.