Kush v. City of Buffalo

Appellate Division of the Supreme Court of New York

Kush v. City of Buffalo

89 A.D.2d 786, 453 N.Y.S.2d 388, 1982 N.Y. App. Div. LEXIS 17902

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 9, 1982

StatusPublished

This text of 89 A.D.2d 786 (Kush v. City of Buffalo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kush v. City of Buffalo, 89 A.D.2d 786, 453 N.Y.S.2d 388, 1982 N.Y. App. Div. LEXIS 17902 (N.Y. Ct. App. 1982).

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Opinion

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 [787]*787rate 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.

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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 [787]*787rate 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.

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Bluebook (online)

89 A.D.2d 786, 453 N.Y.S.2d 388, 1982 N.Y. App. Div. LEXIS 17902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kush-v-city-of-buffalo-nyappdiv-1982.

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