Legal Opinion

Uhr v. East Greenbush Central School District

New York Court of Appeals

Decided October 21, 1999PublishedCited by 74 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

Education Law § 905 (1) requires school authorities in the State of New York to examine students between 8 and 16 years of age for scoliosis at least once in each school year. The principal issue on this appeal is whether the statute authorizes a private right of action.

During the 1992-1993 school year, the infant plaintiff was a seventh grade student at the Goff Middle School, operated by defendant East Greenbush Central School District. In October 1992, as part of a school program, a nurse screened her for scoliosis. The results were negative. She was…

2Cases cited8 opinions

  1. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  2. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  3. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  4. Amberg v. . KinleyNew York Court of Appeals · 1915
  5. Mark G. v. SabolNew York Court of Appeals · 1999

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3Cited by74 opinions

  1. Pelaez v. SeideNew York Court of Appeals · 2004
  2. City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
  3. AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
  5. Baldonado v. Wynn Las Vegas, LLCNevada Supreme Court · 2008

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