Siegel

Plaintiff New York Higher Education Assistance Corporation appeals from an order of the superior court vacating a judgment to enforce a “sister state judgment,” which had previously been entered by the court in accordance with Code of Civil Procedure sections 1710.10-1710.65.

The record before the superior court at the time of entry of the criticized order disclosed the following.

Plaintiff was and is a publicly funded corporation which guarantees unsecured loans made to students by private lending agencies of the State of New York. In 1963 and 1964, defendant Siegel borrowed $1,800 from a New York savings and loan association, the repayment of which was so guaranteed by plaintiff. Siegel thereafter completed his education and is now a practicing attorney in Oakland, California. The loan going unpaid, plaintiff fulfilled the guarantee to its maker, and took an assignment of the obligation which was evidenced by a promissory note. Thereafter plaintiff commenced a New York action against Siegel for the amount owed by him on the note. After proper service of process upon him, Siegel appeared in the action by his verified answer, alleging (1) the obligation to be “void…