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EDUCATION RESOURCES INSTITUTE, INC. v. HAWKINS

Nos. 5665, 305765/09

88 A.D.3d 484 (2011)

931 N.Y.S.2d 11

2011 NY Slip Op 7133

THE EDUCATION RESOURCES INSTITUTE, INC., Respondent, v. FREDERICK HAWKINS, Appellant.

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

Decided October 11, 2011.

Defendant failed to establish prima facie that this action alleging breach of a student loan agreement is barred by the applicable six-year statute of limitations (CPLR 213 [2]; see Benn v Benn, 82 A.D.3d 548 [2011]). The action was commenced in July 2009. The complaint alleges that defendant defaulted on the loan when he failed to make an installment payment on May 7, 2006. Defendant offered...

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