ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

Oct 23, 2025

A School Board, as the "body corporate" of a School District, not to be deemed to be the School District in the instant litigation

The Hempstead Classroom Teachers Association [Plaintiff] had entered into two settlement agreements with the Hempstead Union Free School District [School District], resolving certain grievances that had been filed by the Plaintiff against the School District. The settlement agreements set out a schedule for the School District's payment of sums due pursuant to arbitration awards entered in favor of the Plaintiff and its members.

In an action to recover damages for breach of contract, Plaintiff appealed a Supreme Court order which dismiss its complaint and denied the Plaintiff's request for leave to amend the complaint to adding the Board of Education of the Hempstead Union Free School District and the Superintendent of Schools of the School District as Defendants [hereinafter "Defendants"]. Defendants had moved to dismiss the complaint on the ground that they were not parties to the settlement agreements between the Plaintiff and the School District.

The Plaintiff appeal the Supreme Court's decision. The Appellate Division, noting that generally "[o]ne cannot be held liable under a contract to which he or she is not a party", ruled that the Supreme Court "properly granted dismissal of the complaint pursuant to CPLR 3211(a)(7)" as the Defendants were not parties to the settlement agreements between the Plaintiff and the School District. 

Citing Roseblum v Board of Educ. Great Neck Union Free Sch. Dist., 231 AD3d 881, the Appellate Division pointed out that "although the settlement agreements were subject to approval by the Board, the settlement agreements did not obligate the Board to perform on behalf of the School District". The Appellate Division explained that the School Board, as the "body corporate" of the School District, is not interchangeable with the School District.

Finding that the Supreme Court had providently exercised its discretion in denying Plaintiff's request for leave to amend the complaint, the Appellate Division pointed out that "the Plaintiff's request was made in opposition to the Defendants' motion to dismiss Plaintiff's efforts to amend the complaint by adding Defendants to the Plaintiff's complaint and not by motion or cross-motion on notice. Further, the Appellate Division observed that the Plaintiff had failed to annex a copy of the proposed amended complaint as required by CPLR 3025(b).

Click HERE to access the decision of the Appellate Division posted on the Internet.


NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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