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NEW YORK HIGHER EDUC. ASSISTANCE CORP. v. WOODS

38 N.Y.2d 831 (1976)

New York Higher Education Assistance Corporation, Appellant, v. Leonard E. Woods, Respondent.

Court of Appeals of the State of New York.

Decided January 6, 1976.

Attorney(s) appearing for the Case

Morton M. Z. Lynn and Richard J. Miller for appellant.

No appearance for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division is reversed and summary judgment granted to the plaintiff.

Defendant has not met his burden of showing that he had a valid defense to nonpayment of the note or that noncompliance with the terms and conditions of the note was justified (see Uniform Commercial Code, § 3-307, subd [2]; 42 NY Jur, Negotiable Instruments, § 458, p 87). From the lengthy two-year...

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