Rizk v Touro Coll.

[*1] Rizk v Touro Coll. 2009 NY Slip Op 52329(U) [25 Misc 3d 138(A)] Decided on November 17, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 17, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.

Yousry Rizk, Plaintiff-Appellant, 570571/08

against

Touro College, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), dated May 30, 2008, which granted defendant's motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Peter H. Moulton, J.), dated May 30, 2008, affirmed, without costs, for the reasons stated by Peter H. Moulton, J. at Civil Court. We note additionally that to the extent plaintiff asserts a claim for educational malpractice, such a claim is not cognizable in New York (see e.g. Sirohi v Lee, 222 AD2d 222 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 17, 2009