Legal Opinion
K. D. v. Educational Testing Service
New York Supreme Court
Decided July 26, 1976PublishedCited by 21 opinions
1Opinion of the CourtArnold G. Fraiman, J.
This is a motion to dismiss the complaint, pursuant to CPLR 3211 (subd [a], pars 1, 7; subd [c]) on the grounds that there is a defense founded upon documentary evidence and that the complaint fails to state a cause of action.
Plaintiff is a 37-year-old college graduate, having entered college at the age of 32. Seeking to attend law school, he took the Law School Admission Test (LSAT) twice within a four-month period in 1973-1974. Defendant is a nonprofit corporation engaged in the business of preparing and administering various well-known educational tests, including the LSAT, for use by…
2Cases cited5 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Roth v. United StatesSupreme Court of the United States · 1957
- Pittsburgh Press Co. v. Pittsburgh Commission on Human RelationsSupreme Court of the United States · 1973
- Valentine v. ChrestensenSupreme Court of the United States · 1942
- De Pina v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by21 opinions
- Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
- Sitogum Holdings, Inc. v. RopesNew Jersey Superior Court Appellate Division · 2002
- State by Spannaus v. Century Camera, Inc.Supreme Court of Minnesota · 1981
- Macintyre v. MooreDistrict Court, W.D. New York · 2018
- Yaeger v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 1990
16 more not listed; retrieve them via the Exa API.