Dalton v. Educational Testing Service
Court of Appeals of New York
663 N.E.2d 289 (1995)
After Dalton's (plaintiff) SAT score jumped 410 points, ETS (defendant) suspected impersonation based on handwriting differences and moved to cancel the score, but Dalton submitted substantial contrary evidence (illness verification, consistent prep-course results, witness statements, and a handwriting expert's report) that ETS continued to disregard in favor of the handwriting evidence alone; the trial court and appellate division ordered ETS to release the scores, finding it had not acted in good faith.
Whether, where a party to a contract has breached its obligation of good faith and fair dealing, the court may direct specific performance of the contract in a manner consistent with such duty.