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SANTIAGO v. BD. OF EDUC. OF THE CITY OF NEW YORK

41 A.D.2d 616 (1973)

Modesto Santiago et al., Respondents, v. Board of Education of the City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1973

Although timely notice of claim was served on the defendant City of New York, service upon the Board of Education was not made until five days after expiration of the 90 days prescribed by section 50-e of the General Municipal Law. The City of New York and the Board of Education are distinct entities and service on the city does not constitute service on the board. (Salner v. City of New York, 12 A.D.2d 771.) Nor may permission to...

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