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DALTON v. EDUC. TESTING SERV.

87 N.Y.2d 384 (1995)

663 N.E.2d 289

639 N.Y.S.2d 977

Peter Dalton, as Parent and Natural Guardian of Brian M. Dalton, an Infant, Respondent, v. Educational Testing Service, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1995.

Attorney(s) appearing for the Case

White & Case, New York City (Philip H. Schaeffer, J. Stepan Wood and William R. Spiegelberger of counsel), and Wilmer, Cutler & Pickering (Bruce Berman and Michael F. Bennet, of the District of Columbia Bar, admitted pro hac vice, of counsel), for appellant.

Nicolosi & Sciacca, Bayside (Vincent F. Nicolosi and Laurie S. Hershey of counsel), for respondent.

Judges TITONE, BELLACOSA, SMITH and CIPARICK concur with Chief Judge KAYE; Judge LEVINE dissents and votes to reverse in a separate opinion in which Judge SIMONS concurs.

Chief Judge KAYE.

The primary question before us is whether defendant, Educational Testing Service (ETS), a standardized testing firm, complied with procedures specified in its contract with high school senior Brian Dalton in refusing to release Dalton's Scholastic Aptitude Test (SAT) score. Because the factual findings underlying the trial court's determination that ETS failed to act in good faith in following...

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