New York Higher Education Services Corp. v. Ortiz

— Appeal from an order of the Supreme Court at Special Term (Mercure, J.), entered October 13, 1983 in Albany County, which granted plaintiff’s motion for summary judgment.

Defendant’s brief states: “The sole question raised on this appeal is whether or not unsigned promissory notes are sufficient, as a matter of law, to support a motion for summary judgment on a promissory note.”

The question arises from the following facts. Defendant obtained certain student loans which were guaranteed by plaintiff. The complaint alleged that defendant had executed promissory notes and had defaulted in the…