NYS HIGHER EDUC. v. PERCHIK


177 Misc.2d 548 (1998)

677 N.Y.S.2d 871

New York State Higher Education Services Corporation, Respondent, v. Dean Perchik, Appellant.

Supreme Court, Appellate Term, Second Department.

April 8, 1998


Attorney(s) appearing for the Case

Simon Perchik, East Hampton, for appellant. Soloman & Solomon, P. C., Albany (Melgene D. Castillo of counsel), for respondent.

SCHOLNICK, J. P., CHETTA and PATTERSON, JJ., concur.


MEMORANDUM.

Order unanimously modified by granting so much of the plaintiff's motion as sought summary judgment striking defendant's fifth affirmative defense, and as so modified affirmed, without costs.

Plaintiff, a State guarantee agency, commenced the instant "consumer credit transaction", to recover on a promissory note for guaranteed student loans, in the principal sum of $2,250, executed by defendant on September...

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