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

Appeal from a judgment of the Supreme Court (Kahn, J.), entered October 25, 1988 in Albany County, which, inter alia, granted plaintiff's cross motion for summary judgment.

Defendant applied for and received student loans, executing a promissory note therefor in the amount of $2,673 on August 13, 1973. As the result of defendant’s default, plaintiff, as guarantor, paid the full balance to the lending bank on January 24, 1974. Subsequently, defendant made sporadic payments to plaintiff which ended February 23, 1976. The August 1973 note was executed by defendant in the name of Nancy McGarry,…