Kush v. City of Buffalo

• Decision Date: 09 July 1982
• Citation: 453 N.Y.S.2d 388,89 A.D.2d 786
• Parties: David KUSH, infant, by Sally Marszalek, his mother and natural guardian, and Sally Marszalek, Individually, Respondents, v. CITY OF BUFFALO, Buffalo Board of Education, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 388

453 N.Y.S.2d 388

89 A.D.2d 786

David KUSH, infant, by Sally Marszalek, his mother and natural guardian, and Sally Marszalek, Individually, Respondents, v. CITY OF BUFFALO, Buffalo Board of Education, Appellants.

Supreme Court of New York, Appellate Division, Fourth Department.

July 9, 1982

Joseph P. McNamara, Corp. Counsel, Buffalo by Carl Tronolone, Buffalo, for appellants. Paul William Beltz, P. C., Buffalo by Robert Nichols, Buffalo, for respondents.

Judgment unanimously modified and as modified affirmed, with costs to plaintiffs, in accordance with the following Memorandum: Plaintiff concedes on appeal that the judgment against the City of Buffalo should be vacated. The Board of Education of the City of Buffalo is not a department of the City government; it is an independent corporate body (People ex rel Wells & Newton Co., of New York v. Craig, 232 N.Y. 125, 133 N.E. 419; H. & J. Floor Covering v. Board of Educ. of City of N. Y., 66 A.D.2d 588, 593-594, 413 N.Y.S.2d 414). The interest on the judgment must be recomputed at a rate of 3% in compliance with the statute (see General Municipal Law, § 3-a). (Appeal from Judgment of Supreme Court, Erie County, McGowan, J.--Negligence.)

DILLON, P. J., and HANCOCK, CALLAHAN, DOERR and SCHNEPP, JJ., concur.