Pettorino v. Incorporated Village of Valley Stream

In an action to recover damages for malicious prosecution, abuse of process and prima facie tort, arising out of an alleged conspiracy to deny plaintiffs a building permit, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated April 7, 1977, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7). Order affirmed, with $50 costs and disbursements. A municipality is immune from liability for the performance of quasi-judicial or discretionary functions (Rottkamp v Young, 21 AD2d 373, affd 15 NY2d 831). In any event, the action is barred for failure to serve and file a timely notice of claim (see Bloomñeld Bldg. Wreckers v City of Troy, 50 AD2d 673, affd 41 NY2d 1102). Hopkins, J. P., Titone, Gulotta and O’Connor, JJ., concur.