Opinion
March 10, 1989
Appeal from the Supreme Court, Oneida County, O'Donnell, J.
Present — Dillon, P.J., Boomer, Green, Pine and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action against the City of Utica and several of its police officers, Supreme Court granted summary judgment to all defendants dismissing plaintiff's claims for punitive damages. Relying on Myers v. City of Rochester ( 116 Misc.2d 83), the court found that the city was the real party in interest by virtue of its indemnity obligation, and that the municipality was immune from claims for punitive damages (see, Sharapata v. Town of Islip, 56 N.Y.2d 332).
The court correctly dismissed the punitive damages claims against the city, but the immunity of the municipality does not extend to the individual police officers (see, Kelly v. Kane, 98 A.D.2d 861, 863; La Mar v. Town of Greece, 97 A.D.2d 955, 956; Miller v. City of Rensselaer, 94 A.D.2d 862, 863). We reinstate the punitive damages claims against the individual defendants on those causes of action left undisturbed by Supreme Court.