NEW YORK (Legal Newsline) -- A father is suing his child's school for tuition reimbursement after the COVID-19 pandemic forced remote learning.
Steven Fischer, father and natural guardian of V.F., a child under the age of eighteen, filed a complaint on July 7 in New York County Supreme Court against The Gateway School for breach of the implied covenant of good faith and fair dealing, impossibility, the frustration of purpose, unjust enrichment and rescission.
According to the complaint, V.F. was a student of the defendant for the academic year 2020- 2021. Fischer paid $69,500 as tuition to The Gateway School, which was non-refundable as of June 1, 2020.
Fischer did not find out until the end of July that school year would fully be remote learning, which was a full month after the deadline to notify parents about what the school would be doing, the suit says. Fischer alleges that because his child is a special education student, the child does not benefit from remote learning, and that the child spent the year struggling significantly.
Fischer alleges that had he known the school would be fully remote or hybrid learning, he would not have enrolled his child into that school, knowing it would not benefit his child.
Fischer seeks full tuition reimbursement, attorney's fees and cost of suit. Fischer is represented by Samara Yousif of Warren Law Group.
Supreme Court of the State of New York County of New York index number 654216