Schnepel v. Board of Education

Thelma B. Schnepel v. Board of Education of the City of Rochester

Schnepel v. Bd. of Educ., 96 N.E.2d 617 (N.Y. 1951)

Court: New York Court of Appeals · State Highest Courts
Decided: January 18, 1951
Citations: 96 N.E.2d 617302 N.Y. 94

Opinion of the Court

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Per Curiam.

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, *96 243 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.

Loughban, Oh. J., Lewis, Conway, Desmond, Dye, Fuld and and Froessel, JJ., concur.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

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Relies on it most ⓘ

Berkey v. Downing68 Misc. 2d 595 (N.Y. Sup. Ct. 1972)
Schulz v. Cobleskill-Richmondville Central School District Board of Education197 A.D.2d 247 (1994)
Glass v. Department of Health64 Misc. 2d 880 (N.Y. Sup. Ct. 1970)
Di Sano v. Storandt43 Misc. 2d 272 (N.Y. Sup. Ct. 1964)
Weimer v. Board of Education418 N.E.2d 368 (N.Y. 1981)
Ross v. Wilson284 A.D. 522 (1954)

Most recent

Schulz v. Rush-Henrietta Central School District222 A.D.2d 1015 (1995)
Schulz v. Cobleskill-Richmondville Central School District Board of Education197 A.D.2d 247 (1994)
Weimer v. Board of Education418 N.E.2d 368 (N.Y. 1981)
Berkey v. Downing68 Misc. 2d 595 (N.Y. Sup. Ct. 1972)
Glass v. Department of Health64 Misc. 2d 880 (N.Y. Sup. Ct. 1970)
Ofenloch v. Gaynor66 Misc. 2d 185 (N.Y. Sup. Ct. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Lewis v. Bd. of Educ. of City of N.Y., 179 N.E. 315 (N.Y. 1932)	23
	Brooks v. Wyman, 159 N.E. 640 (N.Y. 1927)	13
	Blackburn v. Clements, 80 N.E.2d 358 (N.Y. 1948)	4
	Hamilton v. Baker, 154 N.E. 612 (N.Y. 1926)	4

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