Legal Opinion · Concurring in part, dissenting in part

Education Resources Institute, Inc. v. Piazza

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

Decided April 18, 2005Published

1Concurring in part, dissenting in part

Goldstein, J., concurs in part and dissents in part and votes to modify the order appealed from by deleting the provisions thereof, which, upon searching the record, granted summary judgment to the defendant dismissing the complaint, and as so modified, to affirm, with the following memorandum in which Luciano, J. concurs:

In the instant action, the plaintiff seeks to recover student loans provided for law school tuition from the defendant, who is an attorney licensed to practice in the State of New York. The promissory note in issue states that it “will be governed by Federal laws and the…

2Cases cited6 opinions

  1. Baron v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1988
  2. O'HARA v. BaylinerNew York Court of Appeals · 1997
  3. Bayridge Air Rights, Inc. v. Blitman Construction Corp.New York Court of Appeals · 1992
  4. Skaneateles Savings Bank v. Modi AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
  5. Speirs v. Not Fade Away Tie Dye Co.Appellate Division of the Supreme Court of the State of New York · 1997

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