HOFFMAN v. BD. OF EDUC.


49 N.Y.2d 121 (1979)

Daniel Hoffman, Respondent, v. Board of Education of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1979.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for appellant.

Perry Pazer and Helen B. Stoller for respondent.

Chief Judge COOKE and Judges GABRIELLI and JONES concur with Judge JASEN; Judge MEYER dissents and votes to affirm in a memorandum in which Judges WACHTLER and FUCHSBERG concur.


JASEN, J.

The significant issue presented on this appeal is whether considerations of public policy preclude recovery for an alleged failure to properly evaluate the intellectual capacity of a student.

The facts in this case may be briefly stated. Plaintiff Daniel Hoffman entered kindergarten in the New York City school system in September, 1956. Shortly thereafter, plaintiff was examined by Monroe Gottsegen...

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