BITTING v. LEE


168 A.D.2d 836 (1990)

James Bitting et al., Appellants, v. Daniel Y. Lee et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 27, 1990


Mikoll, J.

Plaintiffs commenced this action against defendants challenging the constitutional and statutory legality and implementation of the attendance and "cut" policies of defendants. Plaintiffs sue for declaratory relief, injunctive relief, monetary relief in the sum of $1 and counsel fees under 42 USC § 1988.

The attendance policy under attack requires students to attend 90% of all classes in each of their assigned courses in order...

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