Legal Opinion

Tomlinson v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 1992PublishedCited by 18 opinions

1Opinion of the CourtHarvey, J.

Appeal from an order of the Supreme Court (Swartwood, J.), entered August 19, 1991 in Chemung County, which denied defendants’ motion for summary judgment dismissing the complaint.

On October 22, 1984, Eric Tomlinson, then 11 years old, was a sixth grade student at Riverside Elementary School in the City of Elmira, Chemung County. Because of bad weather that day, Tomlinson and his classmates were required to stay indoors after lunch for the noon recess period rather than being allowed to go outside. While Tomlinson’s teacher took her lunch break, a classroom aide would alternately check in on…

2Cases cited3 opinions

  1. Gattyan v. Scarsdale Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1989
  2. Hanley v. HornbeckAppellate Division of the Supreme Court of the State of New York · 1987
  3. Bertola v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1956

3Cited by18 opinions

  1. Mary KK. v. Jack LL.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Vonungern v. Morris Central SchoolAppellate Division of the Supreme Court of the State of New York · 1997
  3. Foster v. New Berlin Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
  4. Wilson v. Vestal Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  5. Walsh v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997

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