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Goldberg v. Pace University

Only Mandatory Fee Claims Survive in Breach Suit Over Transition to Remote Learning

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OPINION & ORDER In spring 2020, confronted with the spread of COVID-19, undergraduate and graduate schools across the country rapidly transitioned to online instruction, to protect students, faculty, and staff. In response, students at many schools have brought suit, generally sounding in breach of contract, to recover tuition and fees paid for, purportedly, in-person experiences. Although some courts have construed these claims as impermissible claims of educational malpractice, others have sustained such claims, finding it well-pled that the college or university breached a specific and enforceable contractual promise that learning or other services would be in-person. Plaintiff Brett Goldberg (“Goldberg”) is a performing arts graduate student. He sues Pace University (“Pace”) to recover damages in connection with Pace’s transition to remote learning in March 2020 in light of the pandemic. Goldberg alleges that Pace breached its contract with him by transitioning his last semester to remote learning, postponing the production of his play, and retaining certain fees. He also brings claims for unjust enrichment and promissory estoppel, and a claim under New York General Business Law (“GBL”) §349. Now pending is Pace’s motion for judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), for failure to state a claim. For the following reasons, the Court grants in part and denies in part Pace’s motion. I. Background A. Factual Background1 1. The Actors Studio Program As of the start of 2020, Goldberg, an aspiring playwright, was enrolled as a full-time third-year student in Pace’s Master of Fine Arts (“MFA”) three-year graduate program at The Actors Studio Drama School (“The Actors Studio”). SAC

17-18. The Actors Studio program anticipated an in-person education, including on Pace’s premises in downtown New York City. Id.

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