Kush v. City of Buffalo — 89 A.D.2d 786

Majority

p. 786

David Kush, an Infant, by Sally Marszalek, His Mother and Natural Guardian, et al., Respondents, v City of Buffalo et al., Appellants.

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. ofN. Y. v Craig, 232 NY 125 ; H & J Floor Covering v Board ofEduc., 66 AD2d 588 , 593-594). The interest on the judgment must be recomputed at a

p. 787

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

Cases cited

People ex rel. Wells & Newton Co. v. Craig 232 NY 125 N.Y. 1921-11-22 p. 786