New York State Higher Education Services Corp. v. Fabrizio

OPINION OF THE COURT

Spain, J.

After executing promissory notes and obtaining student loans in 1972 and 1974 which were guaranteed by plaintiffs 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 received notice that he is required to establish a repayment plan or his wages will be garnished. Defendant then moved to have the 1983 default judgment against him deemed to…