LYNDA ANTONETTI plf-ap, v. THE CITY OF NEW YORK def-res

11153-11154-11154A. LYNDA ANTONETTI plf-ap, v. THE CITY OF NEW YORK def-res — Rovegno & Taylor, P.C., Great Neck (Robert B. Taylor of counsel), for ap — Garbarini & Scher, P.C., New York (Thomas M. Cooper of counsel), for res ——Judgment, Supreme Court, Bronx County (John A. Barone, J.), entered January 17, 2012, dismissing the complaint, unanimously modified, on the law, to vacate the judgment with respect to defendant Board of Education, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered January 12, 2012, which granted defendants’ motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. Appeal from order, same court and Justice, entered June 6, 2012, which denied plaintiffs’ motion to renew and reargue, unanimously dismissed, without costs, as taken from a nonappealable paper insofar as it is addressed to the denial of reargument, and, as subsumed in the appeal from the judgment insofar as it is addressed to the denial of renewal,.

We affirm the dismissal of the complaint as against the City, because the City is a legal entity separate from the Board of Education and cannot be held liable for torts committed by the Board (see Perez v. City of New York, 41 AD3d 378, 379 [1st Dept 2007], lv denied 10 NY3d 708 [2008]).