Monday, Oct. 26, 1970

No Teaching, No Tuition

Roger Paynter, a 49-year-old New York City fireman with a son at New York University, was outraged when N.Y.U. canceled his son's classes for 19 days amid the national wave of campus protests over Cambodia and Kent State. "I paid for my son's education, and the university should make it available to him," he said. As a result, Paynter sued N.Y.U. in the city's small claims court, asking for 19 days' worth of his money back. According to the university, its catalogue clearly stated that academic programs and requirements were subject to change without notice. But last week Judge Patrick Picariello ruled that N.Y.U. had "breached its contract." He awarded Paynter $277.40 plus $ 17.01 interest and court costs. N.Y.U. promised to appeal--and other universities would be well advised to help foot its legal bills. As Paynter himself suggested: "This could represent a test case. After all, thousands of students all over the country were denied classes last year."

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