Calinescu v Department of Hous. Preserv. & Dev.

[*1] Calinescu v Department of Hous. Preserv. & Dev. 2012 NY Slip Op 52350(U) Decided on December 24, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 24, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570335/12.

Nicolae Calinescu, Plaintiff-Appellant, - -

against

Department of Housing Preservation and Development/City of New York Attn Corporation Counsel, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger), entered March 16, 2010, which granted defendant's motion to dismiss the complaint for failure to state a cause of action.

Per Curiam.

Order (Mitchell J. Danziger), entered March 16, 2010, affirmed, with $10 costs, for the reasons stated by Mitchell J. Danziger at Civil Court.

Plaintiff failed to state a viable negligence cause of action based on the municipal defendant's alleged failure to properly inspect his residential apartment, absent a special relationship between the parties (see Metz v State of New York, ___ NY3d ___, 2012 NY Slip Op 08172 [2012]; Bell v Village of Stamford, 51 AD3d 1263, 1264-1265 [2008]), not here claimed or shown. Nor did plaintiff's sweeping, unparticularized allegations of "corrupt" behavior on defendant's part suffice to state a valid claim for any species of intentional tort.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 24, 2012