Tuesday, July 29, 2008
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