Tomlinson v. Board of Education of Lakeland Central School District of Shrub Oak

In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the defendants appeal from an order of the Supreme Court, Westchester County (Silverman, J.), entered August 31, 1994, which granted the plaintiffs motion for partial summary judgment on the question of whether he had standing to bring the action, and denied the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

It is well settled that where…