Schnepel
v.
Board of Educ. of City of Rochester

Court of Appeals of the State of New YorkJan 18, 1951
302 N.Y. 94 (N.Y. 1951)
302 N.Y. 9496 N.E.2d 617

Cases citing this case

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  • Weimer v. Board of Educ

    418 N.E.2d 368 (N.Y. 1981)

    …Whether section 51 of the General Municipal Law applies to school districts is, however, not entirely clear.…

  • Walters v. Great Neck Real Estate Bd.

    22 Misc. 2d 605 (N.Y. Misc. 1959)

    …Plaintiff agrees that his action is not brought under section 51 Gen. Mun. of the General Municipal Law, and,…

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Argued November 20, 1950

Decided January 18, 1951

Appeal from the Supreme Court, Appellate Division, Fourth Department, WHEELER, J.

Ruben A. Dankoff for appellants.

William H. Emerson, Corporation Counsel ( James H. Boomer of counsel), for respondent.


Section 51 of the General Municipal Law authorizes actions by taxpayers against illegal acts of "all officers, agents, commissioners and other persons acting, or who have acted, for and on behalf of any county, town, village or municipal corporation in this state". Section 2 of the same statute defines a "municipal corporation" as including "only a county, town, city and village."

A board of education is not a municipal corporation within the meaning of the above provisions (see Hamilton v. Baker, 243 N.Y. 578; Brooks v. Wyman, 246 N.Y. 534; Blackburn v. Clements, 297 N.Y. 971). Suggestion of a contrary viewpoint may be found in Lewis v. Board of Educ. of City of N.Y. ( 258 N.Y. 117) but, in our opinion, should not be accepted.

The judgment should be affirmed, with costs.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and and FROESSEL, JJ., concur.

Judgment affirmed.