DONOHUE v. COPIAGUE UFSD


47 N.Y.2d 440 (1979)

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

Court of Appeals of the State of New York.

Decided June 14, 1979.


Attorney(s) appearing for the Case

Bernard M. Rosen and Sidney R. Siben for appellant.

Henry A. Weinstein and Charles D. Maurer for respondent.

Chief Judge COOKE and Judges JONES and FUCHSBERG concur with Judge JASEN; Judge WACHTLER concurs in a separate opinion in which Judge GABRIELLI concurs.


JASEN, J.

This appeal poses the question whether a complaint seeking monetary damages for "educational malpractice" states a cause of action cognizable in the courts.

Appellant entered Copiague Senior High School in September, 1972 and graduated in June, 1976. The thrust of appellant's claim is that notwithstanding his receipt of a certificate of graduation he lacks even the rudimentary ability to comprehend...

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