April 15, 2009
NY Appellate Court Holds that Dental Student's Claims Were Properly Fashioned as Breach of Contract
We previously noted a NY trial court decision holding that a former NYU dental student improperly fashioned an administrative challenge (Art. 78 proceeding) as sounding in breach of contract. Well, an appellate court has unanimously reversed:
Plaintiff properly brought this action for breach of contract, rather than an article 78 proceeding, because, in the school's July 18, 2002 letter, he was promised that he would be billed per credit and would obtain a degree upon completion of the three courses; however, the school failed to bill plaintiff as promised, failed to correct the tuition bill in a timely manner, failed to notify plaintiff of his de-enrollment by e-mail in accordance with its handbook's announced preference for e-mail, and failed to grant plaintiff a degree when he paid the correct amount of tuition in full.
The appellate court directed the trial court to award plaintiff a degree and diploma and any authorizations he may need to take the dental boards.
Eidlisz v. NYU, (App. Div. 1st Dep't. Apr. 14, 2009)
[Meredith R. Miller]
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