SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
August 10, 2011
CITIBANK (SOUTH DAKOTA) N.A.,
LESTER I. JAMIESON,
Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered on October 22, 2009, deemed from a judgment of the same court entered December 28, 2009 (see CPLR 5501 [c]).
Citibank (South Dakota) N.A. v Jamieson
Decided on August 10, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ
The judgment, entered pursuant to the October 16, 2009 order, which, among other things, granted plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $13,472.12.
ORDERED that the judgment is affirmed, without costs.
In this action for breach of a credit card agreement and based upon an account stated, the Civil Court, by order dated October 16, 2009, among other things, granted an opposed motion by plaintiff for summary judgment. A judgment was subsequently entered pursuant to the order, from which judgment the appeal is deemed to have been taken (see CPLR 5501 [c]).
We find that plaintiff's evidence in support of its motion for summary judgment was sufficient to establish its prima facie entitlement to judgment as a matter of law on its cause of action for breach of a credit card agreement. The affidavit of an employee of Citicorp Credit Services, Inc. was sufficient to lay a foundation for plaintiff's business records establishing the balance due on the credit card account (see CPLR 4518).
Accordingly, the judgment is affirmed.
Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: August 10, 2011
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