Eidlisz v. New York University
Opinion of the Court
Plaintiff, who began his studies with defendant dental school in 1993, was granted readmission to the school as a part-time student for the academic year 2002-2003 in a letter, dated July 18, 2002, stating that he would receive the school’s degree upon successful completion of three specified courses for which he would be assessed tuition based on the number of credits per course.
Plaintiff was initially overcharged tuition due to an admitted billing error by the school. Plaintiff attempted to have the bill corrected, and was told by school personnel in the bursar’s and financial aid offices that it would be corrected. Because of the billing error, the school mailed delinquency notices to plaintiff, and, in January 2003, mailed him a letter “de-enrolling” him “because you have not displayed the ability to meet your financial obligations.” Plaintiff asserts he never received any of those letters.
In any event, notwithstanding the de-enrollment, plaintiff continued to attend courses and take final exams, which he passed, and, in the spring of 2003, he had further conversations with school personnel in the financial aid and bursar’s offices concerning the incorrect tuition bill in which his de-enrollment was not mentioned. Plaintiff asserts that he received a corrected bill in July 2003; that in September 2003, when he asked a professor for his final grade, she told him that she had received instructions not to release it because of his finances; that in November 2003, after his applications for financial aid were denied, he obtained a loan from his father and paid the corrected bill in full; and that in January 2004, he met with the school’s academic advisor and learned for the first time of his de-enrollment for nonpayment of tuition. By letter dated February 12, 2004, the school’s associate dean rejected plaintiff’s request for re-enrollment, and plaintiff instituted the instant action for breach of contract 11 months later.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.