In Michael H. Winter v Cornwall Police Department, 2025 New York Slip Opinion 02099, Plaintiff sued the Town of Cornwall's Police Department seeking damages Plaintiff claimed to have suffered resulting from the Police Department's alleged negligence.
Supreme Court's granting the Town of Cornwall's motion made pursuant to CPLR 3211(a)(7) to dismiss Plaintiff's complaint "for failure to state a cause of action". Plaintiff appealed Supreme Court's ruling to the Appellate Division.
Citing Town Law §150[1] and Stevens v Town of E. Fishkill Police Dept., 198 AD3d 832, the Appellate Division rejected Plaintiff's appeal, holding that Supreme Court had properly granted the Town's motion to dismiss Plaintiff's complaint insofar as asserted against the Town's Police Department. The Court noted that a department of a town such as its police department does not have a legal identity separate and apart from the municipality and, as such, "cannot independently be sued."
In addition, the Appellate Division held Supreme Court "properly granted" that branch of the Town's motion to dismiss Plaintiff's cause of action alleging negligence insofar as asserted against the Town.
In the words of the Appellate Division, "Contrary to the [Plaintiff's] contention, [Plaintiff] failed to allege that the Town voluntarily assumed a special duty to him beyond that owed to the general public, citing Maldovan v County of Erie, 39 NY3d 166, and Ferreira v City of Binghamton, 38 NY3d 298.
Click HERE to access the Appellate Division's decision posted on the Internet.