Helm v. Professional Children's School

OPINION OF THE COURT

Order entered March 12, 1979 (B. Cohen, J.) affirmed, without costs.

As a matter of public policy, the courts should not entertain a cause of action in educational negligence or, as it is sometimes referred to, educational malpractice, against either public or private schools (cf. Donahue v Copiague Union Free *1054School Dist., 64 AD2d 29, affd 47 NY2d 440; Hoffman v Board of Educ., 64 AD2d 369, revd 49 NY2d 121). The plaintiffs herein argue that both Donahue (supra) and Hoffman (supra) should be distinguished from the instant action because the defendant in the Donahue and…