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STATE OF NEW YORK v. WILKES

41 N.Y.2d 655 (1977)

State of New York, Appellant, v. Whitney G. Wilkes, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Lawrence J. Logan and Ruth Kessler Toch of counsel), Albany, for appellant.

Freling H. Smith, Albany, for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

The State seeks to recover $3,892.56 from defendant Wilkes on three promissory notes issued by Wilkes as evidence of his obligation to repay National Defense Student Loans made by the State over a nine-year period. Wilkes asserts, as a complete defense, his discharge in bankruptcy. Each party moved for summary judgment. Special Term granted summary judgment to defendant, and a divided Appellate...

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