This is an action brought to recover $755.61, with interest, on a promissory note executed by defendant and guaranteed by plaintiff pursuant to article 14 of the Education Law. Plaintiff moved pursuant to CPLR 3212 for summary judgment. Special Term denied the motion and granted summary judgment to defendant. The note in question was executed for a loan to be used by defendant for his studies at Western Michigan University. Defendant later withdrew from the university for...
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