Appellate Term, Second Department · September 18, 2026 · 2026 NY Slip Op 51585[U]
Phillip v Leman Manhattan Preparatory Sch.
Read the official decision: 2026 NY Slip Op 51585[U]
Holding The Appellate Term reversed the lower court’s dismissal, finding that the private school breached the enrollment contract by refusing admission based on an extra-contractual vaccination requirement to which the parent had not consented. Consequently, the contractual prohibition against refunds was inapplicable, and the plaintiff was entitled to a refund of the tuition paid.
The court’s words
by refusing to admit plaintiff's daughter to its school based on an extra-contractual vaccination requirement to which plaintiff never consented, defendant breached the enrollment contract
2026 NY Slip Op 51585[U], at the official text
the contractual prohibition against refunds in the event of a parent's cancellation of the student's enrollment is inapplicable here, where defendant breached the contract by denying admission to plaintiff's daughter
2026 NY Slip Op 51585[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 18, 2026 |
| Citation | 2026 NY Slip Op 51585[U] |
| Area of law | Contracts and Commercial · Landlord and Tenant and Housing |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51585[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 917 |
Recommended citation
ESQ HQ, New York Law Watch, Phillip v Leman Manhattan Preparatory Sch., 2026 NY Slip Op 51585[U] (Appellate Term, Second Department, September 18, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51585-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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