Legal Opinion
Board of Education v. Farmingdale Classroom Teachers Ass'n
New York Court of Appeals
Decided December 29, 1975PublishedCited by 295 opinions
1Opinion of the CourtWachtler, J.
This appeal, arising in the context of an apparently bitter dispute between a school district and a teachers’ association, concerns the seldom considered tort of abuse of process. The school district contends that the association and its attorney are liable for abusing legal process by subpoenaeing, with the intent to harass and to injure, 87 teachers and refusing to stagger their appearances. As a result the school district was compelled to hire substitutes in order to avert a total shutdown. The issue on appeal is whether the complaint states a cause of action.
The controversy began in…
2Cases cited21 opinions
- Williams v. WilliamsNew York Court of Appeals · 1969
- Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
- Burt v. . SmithNew York Court of Appeals · 1905
- Morrison v. National Broadcasting Co.New York Court of Appeals · 1967
- Hauser v. BartowNew York Court of Appeals · 1937
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3Cited by295 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Curiano v. SuozziNew York Court of Appeals · 1984
- Brandon v. City of New YorkDistrict Court, S.D. New York · 2010
- Nazeri v. Missouri Valley CollegeSupreme Court of Missouri · 1993
- Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State TroopersCourt of Appeals for the Second Circuit · 1994
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