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HIGHER EDUC. SERVS. v. UPSHUR

252 A.D.2d 333 (1999)

686 N.Y.S.2d 233

State of New York Higher Education Services Corporation, Appellant, v. Bernard C. Upshur, Respondent

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

March 11, 1999

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney-General, Albany (Julie M. Sheridan of counsel), for appellant.

Biscone & Neri, Albany (John T. Biscone of counsel), for respondent.

CREW III, PETERS, SPAIN and CARPINELLO, JJ., concur.

MERCURE, J. P.

Between 1973 and 1975, defendant obtained four separate student loans from Brooklyn Savings Bank; each of the loans was guaranteed by plaintiff. In August 1976, defendant filed a voluntary bankruptcy petition and scheduled Brooklyn Savings Bank, but not plaintiff, as a creditor. The bankruptcy proceeding resulted in the release of all of defendant's...

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