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DONOHUE v. COPIAGUE SCH DIST.

64 A.D.2d 29 (1978)

Edward Donohue, Appellant, v. Copiague Union Free School District, Respondent

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

July 31, 1978

Attorney(s) appearing for the Case

Siben & Siben (Bernard M. Rosen and Sidney R. Siben on the brief), for appellant.

Henry A. Weinstein (Charles D. Maurer on the brief), for respondent.

RABIN and HAWKINS, JJ., concur with DAMIANI, J. P.; SUOZZI, J., dissents and votes to reverse the order, deny the branch of defendant's motion which sought to dismiss the complaint for failure to state a cause of action and remand the action to Special Term to determine whether plaintiff complied with section 3813 of the Education Law, with an opinion.

DAMIANI, J. P.

The plaintiff appeals from an order which dismissed his complaint.

The issue before us is whether the courts of this State recognize a cause of action to recover for so-called "educational malpractice", or for breach of a statutory duty to educate. We hold that such causes of action are not recognized in this State.

The plaintiff was a student at a high school operated by the defendant...

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