RAHMAN ISHMAEL JEFFERS plf-res, v. AMERICAN UNIVERSITY OF ANTIGUA def-ap

13954. RAHMAN ISHMAEL JEFFERS plf-res, v. AMERICAN UNIVERSITY OF ANTIGUA def-ap — Cowan, Liebowitz & Latman, P.C., New York (J. Christopher Jensen of counsel), for ap — Jamie Andrew Schreck, P.C., New York (Matthew Torrie of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered March 17, 2014, which, to the extent appealed from, denied as premature defendants' motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant so much of the motion as sought summary judgment on the fraud, negligent misrepresentation, unjust enrichment, and conversion causes of action, and otherwise affirmed, without costs.

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13954. RAHMAN ISHMAEL JEFFERS plf-res, v. AMERICAN UNIVERSITY OF ANTIGUA def-ap — Cowan, Liebowitz & Latman, P.C., New York (J. Christopher Jensen of counsel), for ap — Jamie Andrew Schreck, P.C., New York (Matthew Torrie of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered March 17, 2014, which, to the extent appealed from, denied as premature defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant so much of the motion as sought summary judgment on the fraud, negligent misrepresentation, unjust enrichment, and conversion causes of action, and otherwise affirmed, without costs.

Plaintiffs are former nursing students seeking to recover their tuition, costs, and damages from defendant the American University of Antigua (AUA), a nursing school which is located in the nation of Antigua and Barbuda, and related entities. Plaintiffs assert causes of action for fraud, breach of contract, negligent misrepresentation, unjust enrichment, and conversion, based on defendants’ alleged misrepresentation that AUA graduates would be qualified to take the National Council License Examination for Registered Nurses (NCLEX), and upon passing that examination, enroll directly into Lehman College’s “one-year R.N. to B.S. in Nursing program” and graduate with a Bachelors of Science Degree in Nursing. However, plaintiffs allege AUA was not, at the time of their enrollment, a properly accredited school under §64.1(a)(3) of the Regulations of the Commissioner of Education of New York State (8 NYCRR 64.1[a] [3]). Under that regulation, graduates from a nursing program located in a foreign country may take the NCLEX only if they graduated from a program that “the licensing authority or appropriate governmental agency of said country certifies to the department as being preparation for practice as a registered professional nurse.”

RAHMAN ISHMAEL JEFFERS plf-res, v. AMERICAN UNIVERSITY OF ANTIGUA def-ap

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