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NYS HIGHER EDUC. v. FABRIZIO

508190

73 A.D.3d 158 (2010)

900 N.Y.S.2d 159

NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, Respondent, v. ANTHONY FABRIZIO, Appellant.

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

Decided April 8, 2010.

Attorney(s) appearing for the Case

Siegel & Siegel, P.C., New York City ( Michael D. Siegel of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Owen Demuth of counsel), for respondent.

MERCURE, J.P., ROSE, LAHTINEN and STEIN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

After executing promissory notes and obtaining student loans in 1972 and 1974 which were guaranteed by plaintiff's predecessor, defendant allegedly defaulted and plaintiff honored its guaranty and paid the bank the entire loan balance of $9,355 (see Education Law § 680 [1] [b]). In 1983, plaintiff obtained a default judgment against defendant in the amount of $9,664.63. In 2008,* defendant...

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