New York State Higher Education Services Corp. v. Handler

Appeal from an order of the Supreme Court (Prior, Jr., J.), entered June 1, 1989 in Albany County, which granted plaintiffs motion for summary judgment.

Defendant defaulted on student loans guaranteed by plaintiff, which paid the balance to the lending bank in 1974. Plaintiff commenced this action to recover the balance plus interest in 1985. Defendant’s answer included an affirmative defense of the Statute of Limitations. Plaintiff moved for summary judgment. Supreme Court granted summary judgment to plaintiff, concluding that the Statute of Limitations was tolled. Defendant appeals.

We…