Steinson v. . Bd. of Education of N.Y.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1900, reversing upon the law and facts a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1900, reversing upon the law and facts a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury, and granting a new trial. The action is brought to recover salary due to the plaintiff as a teacher in the public schools of the city of Rew York for six years prior to the commencement of this action, July 15, 1896. In September, 188J, plaintiff applied to the board of school trustees of the first ward of the city of…
1Opinion of the CourtLandon, J.
The plaintiff was not an officer, but an employee. His employment was contractual, and his proper remedy is by action. Mandamus would not lie as of strict right, and might be refused in the discretion of the court; hence the former denial of that remedy does not bar the present action.
His state certificate was conclusive evidence of his qualifica tions to teach, and hence his employment, without more, was authorized."
His provisional certificate had expired before he was employed. The Appellate Division, in reversing upon the facts, is presumed to have held upon the conflicting evidence that…
2Cited by55 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Antonopoulou v. BeameNew York Court of Appeals · 1973
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Haskins v. State Ex Rel. HarringtonWyoming Supreme Court · 1973
- Barringer v. . PowellNew York Court of Appeals · 1920
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