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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
CourtAppellate Term, Second Department
DecidedSeptember 18, 2026
Citation2026 NY Slip Op 51585[U]
Area of lawContracts and Commercial · Landlord and Tenant and Housing
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 51585[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id917

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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Published September 18, 2026. Updated September 18, 2026.