Negligent Inspection of Vacant Apartment to Determine If It's Safe

In Bargy v. Sienkiewicz, 207 AD2d 606 [3d Dept 1994] the county inspector undertook voluntarily to inspect the plaintiffs' vacant apartment undergoing abatement to determine if it was safe for plaintiffs to move back in after abatement was completed. The inspection, which was not required as part of the inspector's official response, was performed negligently and plaintiffs were further poisoned when they relied on the inspector's assurance and moved back into the apartment.