New York Court of Appeals, 1948

Blackburn v. Clements

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)

Blackburn v. Clements

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 December 31, 2025. Source: CourtListener bulk data.