Dalton v. Educational Testing Service

Full title: PETER DALTON, as Parent and Natural Guardian of BRIAN M. DALTON, an…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 11, 1994

206 A.D.2d 404 (N.Y. App. Div. 1994)

614 N.Y.S.2d 742

Opinion

July 11, 1994

Appeal from the Supreme Court, Queens County (Friedmann, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

We find that summary judgment was properly denied to the appellant, as issues of fact were raised concerning its good faith consideration of Brian M. Dalton's explanations for the rise in his Scholastic Aptitude Test scores (see, Dalton v Educational Testing Serv., 206 A.D.2d 402 [decided herewith]). Thompson, J.P., Balletta, O'Brien and Florio, JJ., concur.