Kush v. City of Buffalo

Full title: DAVID KUSH, an Infant, by SALLY MARSZALEK, His Mother and Natural…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 9, 1982

89 A.D.2d 786 (N.Y. App. Div. 1982)

Opinion

July 9, 1982

Appeal from the Supreme Court, Erie County, McGowan, J.

Present — Dillon, P.J., Hancock, Jr., Callahan, Doerr and Schnepp, JJ.

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 N Y v. Craig, 232 N.Y. 125; H J Floor Covering v. Board of Educ., 66 A.D.2d 588, 593-594). The interest on the judgment must be recomputed at a rate of 3% in compliance with the statute (see General Municipal Law, § 3-a).