State of New York Higher Education Services Corp. v. Zamore

Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered February 16, 1982 in Albany County, which denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5) and ordered an immediate trial of the issues raised on the motion pursuant to CPLR 3211 (subd [c]). In 1963 and 1964, defendant applied for and received two $1,500 loans from the Greater New York Savings Bank, and the loans were guaranteed by the New York Higher Education Assistance Corporation to which plaintiff is a successor. Upon defendant’s default in making payment on the…