New York Court of Appeals, 1948

Blackburn v. Clements

New York Court of Appeals · Decided May 20, 1948 · <italic>Per Curiam.</italic>

80 N.E.2d 358; 297 N.Y. 971; 1948 N.Y. LEXIS 1053 (North Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Baer v. Kolmorgen (New York Supreme Court 1958)
Schnepel v. Board of Education (N.Y. 1951)
Board of Education of Union Free School District No. 1 v. Wilson (N.Y. 1951)
Schnepel v. Board of Education of City of Rochester (New York Supreme Court 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

A school district is not a municipal corporation within the meaning of section 51 of the General Municipal Law. (Brooks v. Wyman, 246 N. Y. 534.) That question was not raised or considered in Judd v. Board of Education (278 N. Y. 200). The first question certified is answered in the negative, the orders are reversed and the complaint dismissed, with costs in all courts. The second question certified is not answered.

Loughraw, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ., concur.

Orders reversed, eta.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.