Hyperlawhypertext legal database Yellow Pine Co. v. Board of Education 72 N.Y. St. Rep. 349

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Yellow Pine Co. v. Board of Education

72 N.Y. St. Rep. 349 Court N.Y. Sup. Ct. English

Delivered by CULLEN, J.

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p. 349
Yellow Pine Company, Pl’ff, v. Board of Education of City of Brooklyn et al., Def’ts.
(Supreme Court, Kings Special Term,
Filed December, 1895.)

Headnote

School districts—Boards of education—Mechanic’s lien.
Under § 3, chapter 687 of 1893, the board of education of the city of Brooklyn is a separate corporation from the city itself, and service of notice of mechanic’s lien against the district should be made on the city treasurer» as the financial officer of the board.
Action by the Yellow Pine Company against the board of education of the city of Brooklyn to foreclose a mechanic’s lien for material used in erecting school houses against funds in the hands of the defendant board. Other creditprs claiming liens were also made defendants. The notices of lien-required by law were served by the plaintiff on the president of the defendant board and on the pity treasurer as its financial officer, while they were served by the [defendant creditors on the secretary of- the board and the city ¡comptroller, as financial officer of the city; the question . at issue being whether the board of education or the city was the corporation to be sued.
Burr & Coombs, for pl’ff; Hirsh & Rasquin, for def't Gardner; John F. Nelson, for def’ts Willis; Michael Furst, for def't board of education,

—I am of opinion that the notices of lien filed by the defendants Gardner and Willis are defective and insufficient, in fail

p. 350
ing to state various matters required by the statute. 'This would render their liens invalid, apart from the question what office is the financial officer upon whom, a notice of lien should be served. But this would not entitle the plaintiff to recover unless it has acquired a valid lien. No criticism is made on the form of the notice of its lien. This notice the plaintiff sérved upon the city treasurer of the city of Brooklyn. It is contended thatHhe notice should have been served upon the comptroller, who, by the charter, is made the financial officer of the city. I am inclined to hold that the board of education is now a separate municipal corporation, though doubtless, a department of' the city government. It possesses the powers and is subject to the duties of trustees of common schools. For the purpose of taxation and the erection and repair of schoolhouses and the support of the schools, the city is a school district. The title to all school property is vested in the board of education. Charter, tit. 17, §§ 56, 59. Formerly trustees of an ordinary school district were only a quasi corporation of very limited powers.. Bassett v. Fish, 75 N. Y. 303 . But, by the general revision act of 1892 (Laws 1892, c. 687, § 8), school districts are constituted municipal corporations. Since that act, whatever may have been the case before, the board of education would seem to be a corporation. This, in fact, seems to be the view of all the parties to this action, for the city of Brooklyn is not a party to this action, and none of the defendants has raised any question to its absence. If the municipal corporation with whom the contract was made was the board of education, then the only financial officer of that corporation is the city treasurer, not the comptroller, for the latter officer has- no supervision or control of the funds of the board. In this respect the case is to be distinguished from that of Bell v. Mayor, etc., 105 N. Y. 136 ; 6 St. Rep. 847 .

Judgment for plaintiff, with costs out of "fund.

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