1. This is a class action lawsuit on behalf of all people who paid tuition and fees for the Spring 2020 academic semester at Cornell, and who, because of Defendant’s response to the  Novel Coronavirus Disease 2019 (“COVID-19”) pandemic, lost the benefit of the education for  which they paid, and/or the services or which their fees were paid, without having their tuition  and fees refunded to them.     13.  Plaintiff and Class members are individuals who paid the cost of tuition and other  mandatory fees for the Spring 2020 Semester at Cornell.   14.  Spring Semester 2020 classes at Cornell began on or about January 21, 2020.   Final exams for the semester are scheduled for end on or around May 16, 2020.   15.  Plaintiff and Class members paid the cost of tuition for the Spring Semester 2020.   They also paid other mandatory fees associated with the Spring Semester 2020, including a $500  student health fee and a $125 student activity fee.   16.  Approximate tuition costs at Cornell for the Spring Semester 2020 are as follows:  • Undergraduate Degree Endowed Ithaca College: $28,275  • Undergraduate Degree Contract College – New York State Resident:  $18,940  • Undergraduate Degree Contract College Nonresident: $28,275  • Tier 1 Master’s Degree: $28,275  • Tier 2 Master’s Degree: $18,511  • Special Programs/Other Professional Degrees: $14,750  • Professional Degrees M.P.S. ILR NYC (part time program): $14,137  • Doctoral Degree Endowed Ithaca College: $14,750  • Doctoral Degree Contract Colleges: $10,400  • Two-Year M.B.A.: $34,720  2. Cornell is one of the country’s most preeminent universities and a part of the Ivy League, with an enrollment of over 24,000 students.  The university offers 80 formal major fields  for undergraduate students, as well as a number of graduate programs including law, medicine,  and business.   27.  Plaintiff seeks to represent a class defined as all people who paid Cornell Spring  Semester 2020 tuition and/or fees for in-person educational services that Cornell failed to  provide, and whose tuition and fees have not been refunded (the “Class”).  Specifically excluded  from the Class are Defendant, Defendant’s officers, directors, agents, trustees, parents, children,  corporations, trusts, representatives, employees, principals, servants, partners, joint ventures, or  entities controlled by Defendant, and their heirs, successors, assigns, or other persons or entities  related to or affiliated with Defendant and/or Defendant’s officers and/or directors, the judge  assigned to this action, and any member of the judge’s immediate family.    28.  Plaintiff also seeks to represent a subclass consisting of Class members who  reside in New York (the “Subclass”).    3. On March 13, 2020, Cornell, through a news release, announced that because of 30.  Numerosity.  The members of the Class and Subclass are geographically  dispersed throughout the United States and are so numerous that individual joinder is  impracticable.  Upon information and belief, Plaintiff reasonably estimates that there are tens of  thousands of members in the Class and Subclass.  Although the precise number of Class  members is unknown to Plaintiff, the true number of Class members is known by Defendant and  may be determined through discovery.  Class members may be notified of the pendency of this  action by mail and/or publication through the distribution records of Defendant and third-party  retailers and vendors.      32.  Typicality.  Plaintiff’s claims are typical of the claims of the other members of  the Class in that, among other things, all Class and Subclass members were similarly situated and  were comparably injured through Defendant’s wrongful conduct as set forth herein.  Further,  there are no defenses available to Defendants that are unique to Plaintiff.    33.  Adequacy of Representation.  Plaintiff will fairly and adequately protect the  interests of the Class and Subclass.  Plaintiff has retained counsel that is highly experienced in  complex consumer class action litigation, and Plaintiff intends to vigorously prosecute this action  on behalf of the Class and Subclass.  Furthermore, Plaintiff has no interests that are antagonistic  to those of the Class or Subclass.   35.  In the alternative, the Class and Subclass may also be certified because:  (a)  the prosecution of separate actions by individual Class and Subclass members  would create a risk of inconsistent or varying adjudications with respect to  individual Class members that would establish incompatible standards of  conduct for the Defendant;  (b)  the prosecution of separate actions by individual Class and Subclass members  would create a risk of adjudications with respect to them that would, as a  practical matter, be dispositive of the interests of other Class members not  parties to the adjudications, or substantially impair or impede their ability to  protect their interests; and/or  (c)  Defendant has acted or refused to act on grounds generally applicable to the  Class as a whole, thereby making appropriate final declaratory and/or  injunctive relief with respect to the members of the Class as a whole.  36.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   37.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendants.   38.  Through the admission agreement and payment of tuition and fees, Plaintiff and  each member of the Class and Subclass entered into a binding contract with Defendant.    40.  Defendant has failed to provide the contracted for services and has otherwise not  performed under the contract as set forth above.  Defendant has retained monies paid by Plaintiff  and the Class for their Spring Semester 2020 tuition and fees, without providing them the benefit  of their bargain.   41.  Plaintiff and members of the Class and Subclass have suffered damage as a direct  and proximate result of Defendant’s breach, including but not limited to being deprived of the  education, experience, and services to which they were promised and for which they have  already paid.    42.  As a direct and proximate result of Defendant’s breach, Plaintiff, the Class, and  Subclass are entitled to damages, to be decided by the trier of fact in this action, to include but no  be limited to reimbursement of certain tuition, fees, and other expenses that were collected by  Defendant for services that Defendant has failed to deliver.  Defendant should return the pro- rated portion of any Spring Semester 2020 tuition and fees for education services not provided  since Cornell shut down on March 13, 2020.    44.  Plaintiff hereby incorporates by reference the allegations contained in all  preceding paragraphs of this complaint.   45.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendant.   46.  Plaintiff and members of the Class and Subclass conferred a benefit on Defendant  in the form of monies paid for Spring Semester 2020 tuition and other fees in exchange for  certain service and promises.  Tuition for Spring Semester 2020 was intended to cover in-person  educational services from January through May 2020.  In exchange for tuition monies paid, Class  members were entitled to in-person educational services through the end of the Spring Semester.   47.  Defendant voluntarily accepted and retained this benefit by accepting payment.   48.  Defendant has retained this benefit, even though Defendant has failed to provide  the education, experience, and services for which the tuition and fees were collected, making  Defendant’s retention unjust under the circumstances.  Accordingly, Defendant should return the  pro-rated portion of any Spring Semester 2020 tuition and fees for education services not  provided since Cornell shut down on March 13, 2020.   49.  It would be unjust and inequitable for Defendant to retain the benefit, and  Defendant should be required to disgorge this unjust enrichment.   51.  Plaintiff brings this claim individually and on behalf of the members of the Class  and Subclass against Defendant.   52.  Plaintiff and members of the Class and Subclass have an ownership right to the  in-person educational services they were supposed to be provided in exchange for their Spring  Semester 2020 tuition and fee payments to Defendant.     53.  Defendant intentionally interfered with the rights of Plaintiff, the Class, and  Subclass when it moved all classes to an online format and discontinued in-person educational  services for which tuition and fees were intended to pay.   54.  Plaintiff and members of the Class and Subclass demand the return of the pro- rated portion of any Spring Semester 2020 tuition and fees for education services not provided  since Cornell shut down on March 13, 2020.   55.  Defendant’s retention of the fees paid by Plaintiff and members of the Class and  Subclass without providing the educational services for which they paid, deprived Plaintiff, Class  and Subclass members of the benefits for which the tuition and fees paid.   56.  This interference with the services for which Plaintiff and members of the Class  and Subclass paid damaged Plaintiff and Class members in that they paid tuition and fees for  services that will not be provided.   Breach Of Contract  (On Behalf Of The Class And Subclass)   Conversion  (On Behalf Of The Class And Subclass)   Plaintiff And Class Members Paid Tuition And Fees For Spring Semester 2020   Unjust Enrichment  (On Behalf Of The Class And Subclass)  