Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Tuesday, July 29, 2008

Former Prof Looses Claim That NYU Must Give His Son Admission "Courtesies"

Flomenbaum v. NYU, ___Misc. 3d___ (N.Y. Co. June 23, 2008)Download Flomenbaum.doc , is an interesting case.

A doctor at NYU School of Medicine had an employment dispute concerning his tenure. It was eventually resolved by an agreement giving the doctor retroactive tenure and giving his children "the same courtesies" as active or retired tenured faculty member with regard to tuition reimbursement and admission. You guessed it; the doctors son applied for admission to NYU's undergraduate college and was denied admission. Thereafter, he commenced an action for breach of contract.

The plaintiff lost. NYU established that it complied with the agreement. The plaintiffs assertations that it did not consider certain "courtesies" was rejected as conclusionary. 

This case illustrates an important benefit of an academic appointment. Children of faculty at some schools are given courtesies with respect to admission and tuition. At certain schools, this may be a very valuable benefit.

Mitchell H. Rubinstein

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An excerpt from the case reads: "Though denied admission to NYU CAS, Dr. Flomenbaum's son was extended an offer to attend NYU's General Studies Program (GSP). Unlike the four-year NYU CAS program, NYU's GSP is a two-year rigidly constructed preparatory program offered to a select group of CAS applicants who are denied standard admission, but deemed to have potential." His son turned that admission down. He could have gotten into GSP and then transferred into CAS if he kept his grades up. So I wonder if his son would have been accepted into GSP/NYU at all if it were not for a 'courtesy.'
He should have tried to include guaranteed admission and tuition reimbursement as part of his contract with NYU, but if he had such problems with the school, why would he still want his son there?

Posted by: Dennis | Jul 30, 2008 6:36:54 AM

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