DEP Not Liable for Incorrect Violation

April 1, 2003

LVT Number: 16430

DEP issued a violation notice to landlord after it found a water leak from a pipe leading to landlord's building. Landlord hired a contractor to correct the violation and the contractor discovered that the leak came from a different pipe. Landlord sued DEP for reimbursement of the contractor's fee. The court ruled against landlord. The DEP inspection was an official action so DEP was immune from liability. Even if DEP's inspector was wrong, his action was the result of a reasoned decision.

DEP issued a violation notice to landlord after it found a water leak from a pipe leading to landlord's building. Landlord hired a contractor to correct the violation and the contractor discovered that the leak came from a different pipe. Landlord sued DEP for reimbursement of the contractor's fee. The court ruled against landlord. The DEP inspection was an official action so DEP was immune from liability. Even if DEP's inspector was wrong, his action was the result of a reasoned decision.

365 West End LLC v. NYC DEP: NYLJ, 3/27/03, p. 20, col. 4 (Civ. Ct. NY; Feinman, J)

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