EIDLISZ v. NEW YORK UNIVERSITY

No. 128

15 N.Y.3d 730 (2010)

932 N.E.2d 876

906 N.Y.S.2d 520

LEONARD EIDLISZ, Respondent, v. NEW YORK UNIVERSITY et al., Appellants.

Court of Appeals of New York.

Decided June 24, 2010.


Attorney(s) appearing for the Case

Office of General Counsel, New York University, New York City ( Nancy Kilson of counsel), for appellants.

Orans Elsen Lupert & Brown LLP, New York City ( Robert L. Plotz and Leslie A. Lupert of counsel), for respondent.

Hogan & Hartson, LLP, New York City ( R. Brian Black and Martin Michaelson of counsel), Ada Meloy , Washington, DC, and Jessie Brown for American Council on Education and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying plaintiff's motion for summary judgment and, as so modified, affirmed.

In this breach of contract action, plaintiff seeks an order compelling defendants to award him a degree. Defendants maintain that this action should have been brought as a CPLR article 78 proceeding and is therefore time-barred. Plaintiff moved for summary judgment...

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