Eiseman v. State of New York

In Eiseman v. State of New York, (70 NY2d 175), the defendant was the chosen instrumentality by which important state purposes were being served. In Eiseman, the college participated in the S. E.E.K. (Search for Education, Elevation and Knowledge) program, created by the Legislature to offer opportunities for higher education to the disadvantaged. Pursuant to that program, and the laws and policies of the state promoting the reintegration of former convicts into society, a paroled felon was admitted to the college. The Court of Appeals, in Eiseman, rejected the argument that the college assumed a special duty to fellow students when admitting an ex-felon as part of the S.E.E.K. program. The Court noted that (1) the parolee "could have lived anywhere he chose, and otherwise enjoyed the rights of other citizens"; (2) S.E.E.K. was designed to further the public policy of the state promoting the reintegration of former convicts into society; and (3) imposing a special duty upon the college would mean that "former inmates cannot be returned to society without imposing on those who open doors to them the risk of absolute liability for their acts" (70 NY2d 190, 191).