When she enrolled in the D'Youville College's Doctor of Chiropractic program, Nicole M. Enzinna thought her degree would allow her to take the licensing exam in "all states." After she graduated, Enzinna and other students learned that that wasn't the case, and sued the College claiming "false advertising," "false and deceptive business practices," and "negligent misrepresentation."
After the Erie County Supreme Court denied the school's dismissal request, the College appealed to the Appellate Division, Fourth Department, arguing the governing "statute of limitations"--the timeframe within which Enzinna had to bring the suit--had expired.
Because the clock didn't begin to run until the students learned of their inability to get a license, the AD4 thought that the dispute had been timely filed, and reinstated the litigation.
They showed some spine.
To view a copy of the Appellate Division's decision, please use this link: Enzinna v. D'Youville Coll.