Jordan v. Westhill Central School District

Order unanimously reversed, without costs and motion for summary judgment granted. Memorandum: Respondents were passengers in an automobile operated by one Jim McDonald when it collided in a rear-end collision with a school bus owned by appellant Westhill Central School District and operated by district employee, appellant, Edward J. Shanahan. A notice of claim was properly and timely served upon the School District but the summons and complaint were not served upon the proper official of the School District. Notwithstanding this defect in service we conclude that the action was validly…