In Eidlisz v. New York University , Leonard Eidlisz sued NYU for breach of contract when the school refused to re-enroll him and award him his degree and diploma.
Previously admitted into NYU's dental school, Eidlisz sought readmission in 2002 and received a letter which indicated he would receive his degree after completing three courses and that his tuition would be adjusted accordingly.
After the school overcharged him, he was assured the billing error would be corrected. But, in actuality, the problem went unresolved and Eidlisz was ultimately de-enrolled.
Interestingly, Eidlisz was never advised of that development and continued to attend courses and took his final exams. In July 2003, he finally received a corrected bill and. several months after paying it, learned he'd been de-enrolled and his subsequent request for re-enrollment was denied.
When the New York County Supreme Court dismissed Eidlisz's complaint, he appealed to the Appellate Division, First Department.
The AD1 was of the view NYU's 2002 letter contractually obligated the institution to bill Eidlisz "per credit" and award him his degree upon completion of the three courses. As a result, NYU breached that contract when it didn't bill Eidlisz as represented, failed to correct that bill, and didn't award him his degree after he paid the corrected sum.
Clearly, NYU's position lacked teeth.
To view a copy of the Appellate Division's decision, please use this link: Eidlisz v. New York University