Justice Francesca Connolly
Alissa S. commenced an action against Manhattanville College, alleging breach of contract under the college's Code of Conduct and intentional infliction of emotional distress in connection with the college's outrageous and continuing abuse of the process established by the Code of Conduct, which has prevented her from obtaining a degree in early childhood education. Plaintiff had been a matriculated student at the college until she received a letter from the school informing her that, due to her continuing unprofessional and inappropriate behavior in school settings during student teaching and her inadequate teaching skills, she was being removed from student teaching and the course and would receive a grade of "F." The court granted the college's motion to dismiss the complaint, determining that the plaintiff commenced the breach of contract action beyond the four-month statute of limitations period for such proceedings. The court also held that, even if plaintiff's intentional infliction of emotional distress allegations are accepted as true, her complaint fails to allege any conduct that rises to the level necessary to satisfy the rigorous test for intentional infliction of emotional distress.
