Majority
In an action, inter alia, to recover damages for negligence, the defendants Town of Clarkstown Police Department and Town of Clarkstown appeal from so much of an order of the Supreme Court, Rockland County (Loehr, J.), dated June 28, 2013, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Town of Clarkstown Police Department and Town of Clarkstown for summary judgment dismissing the complaint insofar as asserted against them is granted.
Under the doctrine of governmental function immunity, “ ‘[government action, if discretionary, may not be a basis for liability, while ministerial actions may be, but only if they violate a special duty owed to the plaintiff, apart from any duty to the public in general’ ” (Valdez v City of New York, 18 NY3d 69 , 76-77 [2011], quoting McLean v City of New York, 12 NY3d 194 , 203 [2009]; see Kelsey v City of New York, 108 AD3d 689 , 689 [2013]; Miserendino v City of Mount Vernon, 96 AD3d 810 , 810 [2012]).
Here, the defendants Town of Clarkstown Police Department and Town of Clarkstown (hereinafter together the Town defendants) established their prima facie entitlement to judgment as a matter of law by demonstrating that the allegedly negligent
Accordingly, the Supreme Court should have granted the Town defendants’ motion for summary judgment dismissing the complaint insofar as asserted against them.
Dillon, J.P., Miller, Maltese and Duffy, JJ., concur.
Cases cited
- Valdez v. City of New York 18 NY3d 69 at 76-77 p. 690
- McLean v. City of New York 12 NY3d 194 at 203 p. 690
- Miserendino v. City of Mount Vernon 96 AD3d 810 at 810 p. 690
- Arias v. City of New York 22 AD3d 436 at 437 p. 691