Kush v. City of Buffalo

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

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 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.