Legal Opinion
New York State Higher Education Services Corp. v. Laudenslager
Appellate Terms of the Supreme Court of New York
Decided May 25, 1994PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated December 17, 1993 reversed, with $10 costs, and plaintiffs motion for summary judgment is granted in the principal amount of $5,056.27, with interest from October 20, 1978.
Defendant’s student loan obligation was not discharged in the 1978 bankruptcy adjudication (11 USC § 523 [a] [8]). Plaintiffs claim, time barred in 1984, was revived on April 9, 1991, when Congress amended 20 USC § 1091a to preempt State limitations statutes for certain suits on guaranteed student loans (20 USC § 1091a [a] [1]). The legislation effectively revived some actions that were…
3Cases cited7 opinions
- Love v. State of New YorkNew York Court of Appeals · 1991
- Columbus Trust Co. v. CampoloAppellate Division of the Supreme Court of the State of New York · 1985
- Kahn v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1986
- State of New York Higher Education Services Corp. v. StarrAppellate Division of the Supreme Court of the State of New York · 1992
- United States v. DavisDistrict Court, M.D. Alabama · 1993
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4Cited by1 opinion
- New York State Higher Education Services Corp. v. AdamsNew York Supreme Court · 1997