DSB successfully obtained an Order dismissing a lawsuit against an east end Town based upon negligent building inspection. Plaintiff argued that the Town’s building inspector had failed to advise them of defective work by their contractor or stop the contractor from continuing to work on their project, leading to significant losses when they had to demolish and re-build a partially completed extension. We argued, and the Court agreed, that based upon well-established tort principals a negligence claim cannot be asserted against a municipality related to its performance of a government function based upon allegedly breaching of a duty owed to the general public, but instead a plaintiff can only assert such a claim if the municipality breached a duty owed to them specifically based upon a special relationship between them and that governmental entity.
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