TORRES v. LITTLE FLOWER SERVS.


64 N.Y.2d 119 (1984)

Frank Torres, Appellant, v. Little Flower Children's Services et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Marcia Robinson Lowry and Lauren Anderson for appellant.

Martin F. Hayes and J. Russell Clune for Little Flower Children's Services and another, respondents.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Karen Hutson, Ronald E. Sternberg and Pamela Seider Dolgow of counsel), for the City of New York and others, respondents.

Judges JASEN, JONES and SIMONS concur with Judge KAYE; Judge MEYER dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge WACHTLER concur.


KAYE, J.

In Hoffman v Board of Educ. (49 N.Y.2d 121) and Donohue v Copiague Union Free School Dist. (47 N.Y.2d 440), we dismissed complaints for educational malpractice, holding that as a matter of public policy the courts would not second-guess the professional judgments of public school educators and administrators in selecting...

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