# Hoffman v. Board of Education

> New York Court of Appeals · December 17, 1979 · 49 N.Y.2d 121

URL: https://www.frixlaw.com/law-library/cases/5532755

## Case

- **Full name:** Daniel Hoffman v. Board of Education of the City of New York
- **Court:** New York Court of Appeals
- **Decided:** December 17, 1979
- **Citations:** 49 N.Y.2d 121; 424 N.Y.S.2d 376; 400 N.E.2d 317; 1979 N.Y. LEXIS 2489
- **Precedential status:** Published
- **Opinion:** Dissent by Meyer
- **Judges:** Jasen, Meyer
- **Cited by:** 74 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5532755

## How later opinions describe it (automated extraction)

- holding that a cause of action for educational malpractice “should not, as a matter of public policy, be entertained by the courts of this State.”

## Opinion text

Meyer, J.
(dissenting). I agree with Mr. Justice Irwin Shapiro, on the analysis spelled out in his well-reasoned decision at the Appellate Division ( 64 AD2d 369 ), that this case involves not "educational malpractice” as the majority in this court suggests (pp 125, 126) but discernible affirmative negligence on the part of the board of education in failing to carry out the recommendation for re-evaluation within a period of two years which was an integral part of the procedure by which plaintiff was placed in a CRMD class, and thus readily identifiable as the proximate cause of plaintiff’s damages. I, therefore dissent.
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.
Order reversed, with costs, and complaint dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5532755. Public record. Not legal advice.