Former NYU School of Dentistry Student Sue School for Discrimination And Breach of Contract

PRESS RELEASE – FOR IMMEDIATE RELEASE

Carmen Chai v. New York University, NYU School of Dentistry, Steven Resnick, DDS, Colleen A. Watson, DDS, Ninette Lyubarsky, DDS, Maya Ardon, Leslie Smithey, DDS, and Does 1-10

(United States District Court, Southern District of New York, Index No. 1:23-cv-9192)

On October 19, 2023, Carmen Chai (“Plaintiff”) filed her complaint in federal court against New York University, NYU School of Dentistry, its administrators, Steven Resnick, DDS, Colleen A. Watson, DDS, Maya Ardon, Leslie Smithey, DDS, and then-fourth-year student, Ninette Lyubarsky, DDS (“Ms. Lyubarsky”) (collectively, the “Defendants”), under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq., as amended, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., as amended (the “ADA”), Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 797, New York Executive Law § 296, et seq, and New York City Administrative Code § 8-107.

The complaint alleges that Plaintiff is a 27-year-old woman of Malaysian descent, and a former student of NYU College of Dentistry with a documented history of Attention Deficit Hyperactivity Disorder, who was expelled in the end of her third year for allegedly failing four courses. Plaintiff alleges in the complaint that from 2019 through 2021, she consistently excelled academically. The complaint further alleges that in or about July 2021, Defendants assigned Ms. Lyubarsky, to oversee Plaintiff for the clinical aspect of Plaintiff’s education at the College of Dentistry. According to the complaint, Ms. Lyubarsky subjected Plaintiff to hazing, discrimination, harassment, and intimidation, including without limitation, screaming at Plaintiff in front of patients and fellow students, being verbally abusive and hostile when talking to Plaintiff about patient charting, and leaving Plaintiff alone with patients, without supervision, while Ms. Lyubarsky was drinking coffee with her friends.

Plaintiff alleges that Ms. Lyubarsky’s hazing, discrimination, harassment, and intimidation caused her difficulty sleeping, isolation, depression, panic-attacks, and loss of appetite, and significantly impacted Plaintiff’s academic performance.

Plaintiff further alleges that she repeatedly asked Defendants to reassign her to a different fourth-year student. However, Plaintiff alleges, that she was scolded for complaining, and later, in retaliation, expelled from the College of Dentistry.

Finally, the complaint alleges that NYU and the College of Dentistry breached their contract with Plaintiff where they failed to follow their established rules and guidelines concerning Plaintiff’s dismissal from the College of Dentistry.

The Plaintiff is represented by the Law Office of Todd J. Krouner, P.C., in Chappaqua, New York. Mr. Krouner has experience representing victims of discrimination in schools and workplaces throughout the New York City metropolitan area.

A copy of the complaint is available here. For further information, please contact the Law Office of Todd J. Krouner, P.C., at (914) 238-5800.