Eidlisz v. New York University

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by denying plaintiffs 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 granting him specific performance, and defendants cross-moved for summary judgment dismissing the complaint. Supreme Court denied plaintiffs motion,…