Legal Opinion
Mitchell v. New York Univ. ("NYU")
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2015No. 15574 150622/13PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about January 14, 2014, which granted defendants’ motion to dismiss the complaint and denied plaintiff’s cross motion for a default judgment against defendants, unanimously affirmed, without costs.
The motion court properly determined that a CPLR article 78 proceeding, not a plenary action, is the “appropriate vehicle” for plaintiffs challenges to defendant New York University’s administrative decision to exclude him from the university after he failed to submit to an evaluation by the university’s mental health center…
2Cases cited13 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
- Foster v. ChurchillNew York Court of Appeals · 1996
- Maas v. Cornell UniversityNew York Court of Appeals · 1999
- Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by5 opinions
- Kouri v. Eataly NY LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Kouri v. Eataly NY LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of John Doe 1 v. Syracuse Univ.Appellate Division of the Supreme Court of the State of New York · 2020
- Benjamin v. City of New YorkAppellate Terms of the Supreme Court of New York · 2016
- Rutkoski v. New York Univ.Appellate Division of the Supreme Court of the State of New York · 2025