Polytechnic Institute of New York University v. Junru Cui (2012)

MEMORANDUM OF DECISION

The plaintiff (N.Y.U–Poly) brought this lawsuit alleging the defendant (Cui) owes NYU–Poly $11,995 for unpaid tuition incurred when he was a student at NYU–Poly.   The school's collection manager testified to that effect and the school's business records were introduced to substantiate the accuracy of the claim.  (Plaintiff's exhibit 1.)

The plaintiff also introduced (exhibit 2) Cui's application to withdraw as a student from the school.   The application clearly indicates he left school owing $11,710 as the balance due to NYU–Poly.  (There is small variation between the balance shown on exhibit 2 and exhibit 1.) The defendant did, however, sign exhibit 2 acknowledging a balance due to the university of $11,710.

Cui testified that he applied for a tuition waiver which he assumed would be granted.   However, his withdrawal form acknowledges he owed the school $11,710.   His position that he thought he could draw from school without penalty is not in accord with his acknowledgment otherwise.

The plaintiff has met its burden of proof and is entitled to judgment.

Accordingly, judgment shall enter for the plaintiff in the amount of $11,710.   A bill of costs may be submitted in accordance with Practice Book § 18–5.

In its discretion postjudgment interest is not awarded.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.