Legal Opinion

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

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1999PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J. P.

Between 1973 and 1975, defendant obtained four separate *335student loans from Brooklyn Savings Bank; each of the loans was guaranteed by plaintiff. In August 1976, defendant filed a voluntary bankruptcy petition and scheduled Brooklyn Savings Bank, but not plaintiff, as a creditor. The bankruptcy proceeding resulted in the release of all of defendant’s dischargeable debts. Defendant’s student loans became due on April 1, 1977. Because defendant made no payments toward repayment of the loans, on June 9,1977 plaintiff paid Brooklyn Savings Bank $3,951.54 on its…

2Cases cited3 opinions

  1. Hanover New England v. MacDougallAppellate Division of the Supreme Court of the State of New York · 1994
  2. State of New York Higher Education Services Corp. v. StarrAppellate Division of the Supreme Court of the State of New York · 1992
  3. State v. ShawAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by11 opinions

  1. State of New York Higher Education Services Corp. v. SparozicAppellate Division of the Supreme Court of the State of New York · 2006
  2. Sartor v. Utica Taxi Center, Inc.District Court, S.D. New York · 2003
  3. Anderson v. GHI Auto Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Marra v. HughesAppellate Division of the Supreme Court of the State of New York · 2014
  5. Kurlander v. A Big Stam, Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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