N & P Engineering, Architecture & Land Surveying, PLLC v. Ridge Fire Department

Summary

The Appellate Division, Second Department, affirmed dismissal of an engineering firm's breach-of-contract action against a fire department. The court held that the plaintiff failed to comply with Town Law § 180 because it named the fire department rather than the fire district in its notice of claim and action, and the fire department was not amenable to suit. The court also affirmed denial of the plaintiff's motion to amend the caption to add the fire district.

Holdings

1. Proper filing of a written verified claim with the fire district secretary within the statutory period is a condition precedent to maintaining an action against a fire district, and courts may not excuse noncompliance with Town Law § 180.
2. A fire department that is merely a department of the municipal fire district is not amenable to suit; the action was therefore improperly brought against Ridge Fire Department rather than Ridge Fire District.
3. The Supreme Court properly denied the plaintiff's cross-motion under CPLR 305(c) to amend the caption to add Ridge Fire District as a defendant.

Questions Presented

1. Whether the plaintiff's failure to file a proper notice of claim against Ridge Fire District barred the contract action under Town Law § 180.
2. Whether Ridge Fire Department, as a department of the municipal entity, was amenable to suit.
3. Whether the plaintiff could amend the caption under CPLR 305(c) to add Ridge Fire District as a defendant after commencing the action against Ridge Fire Department.

Disposition

affirmed