From yesterday's opinion in Becerra-Paez v. Syracuse Univ., written yesterday by Second Circuit Judge Beth Robinson, joined by Judges Dennis Jacobs and Debra Ann Livingston:
There is a split between how federal and state courts have applied New York contract law to claims for breach of contract regarding tuition in the context of universities' COVID-related transitions to remote learning. In Rynasko v. New York University (2d Cir. 2023), we evaluated whether a plaintiff plausibly alleged an implied agreement for a generally in-person education and access to on-campus facilities and services. Two subsequent decisions from the Appellate Division of the New York Supreme Court—Croce v. St. Joseph's College of New York (N.Y. App. Div. 2d Dep't 2023) and McCudden v. Canisius College (N.Y. App. Div. 4th Dep't 2025)—required that a plaintiff allege a specific promise of an exclusively in-person education.
We recently determined that this split, which implicates significant state policy interests, warranted certification to the New York Court of Appeals [New York's highest state court -EV]. Beck v. Manhattan College (2d Cir. 2025). The Court of Appeals accepted the question, but we withdrew the certification after the parties negotiated a resolution and sought to withdraw the appeal. Because we remain unable to confidently predict how New York's highest court would apply New York contract law in this context, we CERTIFY a question to the New York Court of Appeals. We reserve decision on all claims pending resolution of the certified question….
The factual background:
