Opinion
Argued March 16, 1948
Decided May 20, 1948
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
John W. Manning and Edward S. Godfrey for appellants.
Joseph J. Casey for respondent.
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.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ., concur.
Orders reversed, etc.