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FLOMENBAUM v. NEW YORK UNIV.

601812/06, 624

71 A.D.3d 80 (2009)

890 N.Y.S.2d 493

NEAL FLOMENBAUM, Appellant, v. NEW YORK UNIVERSITY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 3, 2009.

Attorney(s) appearing for the Case

Foley & Lardner LLP, New York City (Barry G. Felder of counsel), for appellant.

Nancy Kilson, New York City, for respondent.

RICHTER and ABDUS-SALAAM, JJ., concur with DeGRASSE, J.; McGUIRE, J.P., and ACOSTA, J., dissent in a separate opinion by ACOSTA, J.

OPINION OF THE COURT

DeGRASSE, J.

On this appeal we must decide whether a university's offer of tuition-free enrollment in a two-year program rather than the four-year program applied for can be construed as a breach of an agreement with the offeree's parent. We answer the question in the negative based on the facts and legal principles that follow. The 2002 agreement resolved a tenure dispute between defendant and plaintiff, a former faculty member at the...

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