Legal Opinion

Padiyar v. Albert Einstein College of Medicine of Yeshiva University

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 2010PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Carol R. Edmead, J), entered April 22, 2009, which granted defendants’ motion *635for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The instant plenary complaint, while couched in terms of unlawful discrimination and breach of contract, is in fact a challenge to a university’s academic and administrative decisions and thus is barred by the four-month statute of limitations for a CPLR article 78 proceeding, the appropriate vehicle for such a challenge (Maas v Cornell Univ., 94 NY2d 87, 92 [1999]; Risley v Rubin, 272 AD2d 198…

2Cases cited2 opinions

  1. Maas v. Cornell UniversityNew York Court of Appeals · 1999
  2. Abramova v. Albert Einstein College of Medicine of Yeshiva UniversityCourt of Appeals for the Second Circuit · 2008

3Cited by7 opinions

  1. Miyahara v. MajsakAppellate Division of the Supreme Court of the State of New York · 2014
  2. Alrqiq v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2015
  3. Attallah v. New York Coll. of Osteopathic MedicineAppellate Division of the Supreme Court of the State of New York · 2020
  4. Clogher v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2013
  5. Clogher v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2013

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