Legal Opinion

Dalton v. Educational Testing Service

New York Court of Appeals

Decided December 7, 1995PublishedCited by 447 opinions

1Opinion of the Court

OPINION OF THE COURT

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 those procedures were affirmed by the Appellate Division, have support in the record and are consequently beyond the scope of our review, we conclude — as did the…

2Cases cited12 opinions

  1. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  2. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
  3. Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
  4. Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
  5. Tedeschi v. Wagner CollegeNew York Court of Appeals · 1980

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3Cited by447 opinions

  1. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  2. EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
  3. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  4. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  5. Pepsi-Cola Bottling Co. of Pittsburg, Inc. v. Pepsico, Inc.Court of Appeals for the Tenth Circuit · 2005

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