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Joyner v. Albert Merrill School

411 N.Y.S.2d 988, 97 Misc. 2d 568 (1978)

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Joyner v. Albert Merrill School

New York City Civil Court
411 N.Y.S.2d 988, 97 Misc. 2d 568 (1978)

AR

Facts

Michael Joyner (plaintiff) saw advertisements promising a good career at a good salary if Joyner enrolled in Albert Merrill School’s (defendant) computer programming course. Joyner was born in Mexico in 1919, had little education, and worked as a factory worker. Joyner went to the school, and the school gave him an aptitude test that he did not understand. The school claimed he got a B+ on the exam and enrolled him in an expensive computer programming course. The course came with a promise that Joyner would get a good job after finishing the course. On the back of the application was a disclaimer, but Joyner never saw it. Joyner paid for and took 360 class hours in computer programming but never understood any of it. At the end, the school prepared a resume for him that lied about his qualifications. During 50 to 60 job interviews, Joyner could not pass any of the tests necessary to get the job. Joyner sued the school for fraud, asking for punitive damages. The school defended itself by claiming that the back of the application contained a disclaimer stating the application was “not a guarantee of a job or an offer of employment.”

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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