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Amable v. The New School

Dismissal of Breach, Related Claims Over The New School's Online Course Is Explained

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OPINION & ORDER Elizabeth Amable and Kaitlyn Amable (“Plaintiffs”) bring this putative class action against The New School (“Defendant”), alleging that Defendant’s transition to online classes in the midst of the COVID-19 pandemic deprived students of the educational experience for which they had bargained. Plaintiffs assert claims against Defendant for (1) breach of contract, (2) unjust enrichment, (3) conversion, and (4) money had and received. Before the Court is Defendant’s Motion To Dismiss the First Amended Complaint (the “Motion”). (See Not. of Mot. (Dkt. No. 23).) For the following reasons, the Motion is granted. I. Background A. Factual Background The following facts are drawn from Plaintiffs’ First Amended Complaint and are taken as true for purposes of resolving the instant Motion. In January 2020, Plaintiff Kaitlyn Amable (“Amable”) began the spring 2020 semester as an undergraduate student at The New School, a private university in New York City that enrolls over 10,000 students and offers approximately 80 “different degree/diploma programs and majors.” (First Am. Compl. (“FAC”)

2, 18, 23, 29 (Dkt. No. 14).) Amable was pursuing a Bachelor of Fine Arts degree in Defendant’s “Communication Design” program, which “relies extensively on in-person instruction, peer collaboration, and access to [Defendant's] facilities.” (Id.

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