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TOMLINSON v. BD. OF EDUC. OF THE CITY OF ELMIRA

183 A.D.2d 1023 (1992)

Sylvia Tomlinson, Individually and as Parent and Natural Guardian of Eric Tomlinson, an Infant, Respondent, v. Board of Education of the City of Elmira et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 14, 1992

Harvey, J.

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 Tomlinson's class and another...

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