Paladino v. Adelphi Univ

In Paladino v. Adelphi Univ. (89 AD2d 85 [2d Dept 1982]) the plaintiff father alleged a breach of contract cause of action against the Waldorf School attended by his son, claiming that the school "failed to provide quality education, qualified and expert teachers, necessary tutorial and supportive skills, accurate and factual progress reports; and that it furnished false and misleading progress reports which reflected that his son was making satisfactory progress in his studies and promoted him each year to the next grade." (Paladino at 86.) The father also alleged a cause of action "sounding in deceit based on the allegedly inaccurate progress reports and misrepresentations concerning the quality of the education." (Id.) In addition, causes of action for breach of contract as a third-party beneficiary and for deceit were brought on the son's behalf. The Court in Paladino held that the public policy against courts second guessing the professional judgments and decisions of educators and school officials prohibited the plaintiffs' causes of action against a private school. (Paladino at 92) ["Public policy should similarly prevent a court from interfering with private schools when the controversy requires the examination of the efficacy of the course of instruction"].) The Court declined to allow the plaintiffs' contract cause of action to proceed, because "the essence of the contract cause of action pleaded was that the Waldorf School failed to educate the plaintiff. The asserted breach . . . requires the fact finder to enter the classroom and determine whether or not the judgments and conduct of professional educators were deficient." (Id.) In Paladino, the Court expressed abhorrence for fraudulent misrepresentation, which it stated "bespeaks an abuse of the trust imparted to our educators and should be entertained by the courts." (Id.) The Court continued: "Deception has no place in the educational process . . . . Misrepresentations coupled with the element of scienter should result in the imposition of liability." (Id.)