State v. Benjamin

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered February 18,1982 in Albany County, which granted plaintiff’s motion for summary judgment as to liability and directed trial on the issue of damages. This is an action to recover $246.88 plus attorney’s fees alleged to be the balance unpaid on a promissory note for $650 evidencing a student loan. Defendant contends that he owes only $121.88, and that his tender of said sum was rejected. Special Term granted plaintiff’s motion for summary judgment only on the issue of liability and ordered a trial on damages and on…