MARTIN v. PRATT INSTITUTE (2000)

Supreme Court, Appellate Division, Second Department, New York.

Catherine MARTIN, Appellant, v. PRATT INSTITUTE, Respondent.

Decided: December 18, 2000

CORNELIUS J. O'BRIEN, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO and LEO F. McGINITY, JJ.

Desmond C.B. Lyons, New York, N.Y., for appellant. Cullen & Dykman, Brooklyn, N.Y. (Joseph C. Fegan and Rona L. Kaplan of counsel), for respondent.

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 the plaintiff's diploma and transcript at the time of her graduation because of her outstanding financial obligations (see, Prusack v. State of New York, 117 A.D.2d 729, 498 N.Y.S.2d 455; see also, Matter of Spas v. Wharton, 106 Misc.2d 180, 431 N.Y.S.2d 638). 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 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718).

The plaintiff's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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