New York Higher Education Assistance Corp. v. Woods
New York Higher Education Assistance Corp. v. Woods
Opinion of the Court
Memorandum. The order of the Appellate Division is reversed and summary judgment granted to the plaintiff.
Defendant has not met his burden of showing that he had a valid defense to nonpayment of the note or that noncompliance with the terms and conditions of the note was justified (see Uniform Commercial Code, § 3-307, subd [2]; 42 NY Jur, Negotiable Instruments, § 458, p 87). From the lengthy two-year hiatus in his education involving the cessation of studies at one university and the commencement of them at another, following a previous two-year interruption in his studies, the inference is justifiably reached that defendant terminated, rather than temporarily interrupted, his college program within the meaning of subdivision 1 of section 653-c of the Education Law (now § 683; L 1974, ch 942, § 16). When he was
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, with costs, and summary judgment granted to plaintiff in a memorandum.
Reference
- Full Case Name
- New York Higher Education Assistance Corporation v. Leonard E. Woods
- Status
- Published