Monaco v. N.Y. Univ.

Decision Date15 December 2016
Citation43 N.Y.S.3d 328,145 A.D.3d 567,2016 N.Y. Slip Op. 08467
Parties In re Dr. Marie MONACO, et al., Petitioners–Appellants, v. NEW YORK UNIVERSITY and New York University School of Medicine, Respondents–Respondents.
CourtNew York Supreme Court — Appellate Division

Gladstein, Reif & Meginniss, LLP, New York (Beth M. Margolis of counsel), for appellants.

Bond, Schoeneck & King PLLC, New York (Louis P. DiLorenzo of counsel), for respondents.

SWEENY, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ.

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered July 17, 2015, which, to the extent appealed from, granted respondents' cross motion to dismiss petitioners' breach of contract and promissory estoppel claims, unanimously reversed, on the law, with costs, the cross motion denied, the plenary claims reinstated, and the matter remanded for further proceedings.

A university's academic and administrative decisions require professional judgment and may only be reviewed by way of an article 78 proceeding to ensure that such decisions are not violative of the institution's own rules and neither arbitrary nor irrational (Maas v. Cornell Univ., 94 N.Y.2d 87, 92, 699 N.Y.S.2d 716, 721 N.E.2d 966 [1999] ; Gertler v. Goodgold, 107 A.D.2d 481, 485–486, 487 N.Y.S.2d 565 [1st Dept.1985], affd. 66 N.Y.2d 946, 498 N.Y.S.2d 779, 489 N.E.2d 748 [1985] ; Matter of Bennett v. Wells Coll., 219 A.D.2d 352, 356, 641 N.Y.S.2d 929 [4th Dept.1996] ). However, "[i]f the claim involves a matter of contractual right it may, of course, be vindicated in an action [at] law" (Gertler, 107 A.D.2d at 486, 487 N.Y.S.2d 565 ).

For the purpose of surviving respondents' cross motion to dismiss, petitioners, tenured faculty members of respondent New York University's School of Medicine, have sufficiently alleged that the policies contained in respondent's Faculty Handbook, which "form part of the essential employment understandings between a member of the Faculty and the University," have the force of contract (see O'Neill v. New York Univ., 97 A.D.3d 199, 208–210, 944 N.Y.S.2d 503 [1st Dept.2012] ). Further, for the purposes of surviving respondents' cross motion to dismiss, petitioners have sufficiently alleged that they had a mutual understanding with respondent that tenured faculty members' salaries may not be involuntarily reduced. Additionally, petitioners have sufficiently alleged that they reasonably relied on oral representations by respondents that their...

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10 cases
  • Kaloyeros v. State
    • United States
    • New York Court of Claims
    • 18 Mayo 2021
    ...of the essential employment understandings between a member of the Faculty and the University" ( Matter of Monaco v. New York Univ. , 145 A.D.3d 567, 568, 43 N.Y.S.3d 328 [1st Dept. 2016] ; see also Matter of Shirazi v. New York Univ. , 143 A.D.3d 602, 40 N.Y.S.3d 65 [1st Dept. 2016] ; O'Ne......
  • Kaloyeros v. State
    • United States
    • New York Court of Claims
    • 18 Mayo 2021
    ... 2021 NY Slip Op 21195 Alain E. Kaloyeros and Ana R. Londergan, Claimants, v. State of New York [ 1 ] , ... University" ( Matter of Monaco v New York Univ. , ... 145 A.D.3d 567, 568 [1st Dept 2016]; see also Matter of ... ...
  • Joshi v. Trs. of Columbia Univ. in N.Y.
    • United States
    • U.S. District Court — Southern District of New York
    • 25 Enero 2021
    ...Lobosco v. New York Tel. Co./NYNEX, 96 N.Y.2d 312, 727 N.Y.S.2d 383, 751 N.E.2d 462, 465 (2001) ; see also Monaco v. New York Univ., 145 A.D.3d 567, 43 N.Y.S.3d 328, 329 (2016) ; O'Neill v. New York Univ., 97 A.D.3d 199, 944 N.Y.S.2d 503, 511-13 (2012) ; Mulder v. Donaldson, Lufkin & Jenret......
  • Joshi v. Trs. of Columbia Univ. in the City of N.Y.
    • United States
    • U.S. District Court — Southern District of New York
    • 28 Mayo 2018
    ...and him. In any event, the Appellate Division, First Department, directly undercut the defendants' argument in Monaco v. New York Univ., 43 N.Y.S.3d 328, 329 (App. Div. 2016), where it held that "tenured faculty members of respondent New York University's School of Medicine, have sufficient......
  • Request a trial to view additional results

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