Martin v. Pratt Institute

Appellate Division of the Supreme Court of New York

Martin v. Pratt Institute

278 A.D.2d 390, 717 N.Y.S.2d 356, 2000 N.Y. App. Div. LEXIS 13229

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 2000

StatusPublished

Cited by1 cases

This text of 278 A.D.2d 390 (Martin v. Pratt Institute) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Pratt Institute, 278 A.D.2d 390, 717 N.Y.S.2d 356, 2000 N.Y. App. Div. LEXIS 13229 (N.Y. Ct. App. 2000).

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Opinion

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated July 15, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. As set forth in its student bulletin, the defendant was entitled to withhold [391]*391the plaintiffs diploma and transcript at the time of her graduation because of her outstanding financial obligations (see, Prusack v State of New York, 117 AD2d 729; see also, Matter of Spas v Wharton, 106 Misc 2d 180). The plaintiff failed to raise a triable issue of fact sufficient to defeat the defendant’s prima facie showing that she had an outstanding balance due (see, Zuckerman v City of New York, 49 NY2d 557).

The plaintiffs remaining contentions are without merit. O’Brien, J. P., Goldstein, Florio and McGinity, JJ., concur.

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In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated July 15, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. As set forth in its student bulletin, the defendant was entitled to withhold [391]*391the plaintiffs diploma and transcript at the time of her graduation because of her outstanding financial obligations (see, Prusack v State of New York, 117 AD2d 729; see also, Matter of Spas v Wharton, 106 Misc 2d 180). The plaintiff failed to raise a triable issue of fact sufficient to defeat the defendant’s prima facie showing that she had an outstanding balance due (see, Zuckerman v City of New York, 49 NY2d 557).

The plaintiffs remaining contentions are without merit. O’Brien, J. P., Goldstein, Florio and McGinity, JJ., concur.

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Bluebook (online)

278 A.D.2d 390, 717 N.Y.S.2d 356, 2000 N.Y. App. Div. LEXIS 13229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-pratt-institute-nyappdiv-2000.

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