STATE v. MONASTERO


62 A.D.2d 792 (1978)

State of New York, Respondent, v. Joan Monastero, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1978


Attorney(s) appearing for the Case

Bryan D. Hetherington for appellant.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondent.

SWEENEY, J. P., STALEY, JR., LARKIN and MIKOLL, JJ., concur.


HERLIHY, J.

It is undisputed that the defendant has been in default on payment of a student loan for several years and the sole issue raised on this appeal is whether or not the amount due automatically accelerated to the total of the loan upon a default by the defendant in making the first required annual payment.

The pertinent language of the note is as follows: "(6) In the event default shall be made in the payment of any annual installment...

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