SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
January 24, 2012
FIA CARD SERVICES ALSO KNOWN AS BANK OF AMERICA,
KAREY A. SAVINO,
Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered February 22, 2010.
FIA Card Servs. v Savino
Decided on January 24, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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: IANNACCI, J.P., NICOLAI and MOLIA, JJ
The judgment, entered pursuant to an order dated January 2, 2010 granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $10,348.92.
ORDERED that the judgment is reversed, without costs, the order granting plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.
In this action to recover the principal sum of $10,348.92 for breach of a credit card agreement and upon an account stated, plaintiff moved for summary judgment only on the breach of credit card agreement cause of action. The District Court granted plaintiff's motion for summary judgment.
We find that plaintiff failed to establish its prima facie entitlement to judgment as a matter of law based on a breach of a credit card agreement since plaintiff failed to provide proof of, among other things, the various purchases or transactions allegedly made with the credit card (see Discover Bank v Williamson, 14 Misc 3d 136[A], 2007 NY Slip Op 50231[U] [App Term, 9th & 10th Jud Dists 2007]; Direct Merchants Credit Card Bank v Lazareva, 10 Misc 3d 128[A], 2005 NY Slip Op 51912[U] [App Term, 2d & 11th Jud Dists 2005]).
Accordingly, the judgment in favor of plaintiff is reversed, the order granting plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.
Iannacci, J.P., Nicolai and Molia, JJ., concur.
Date: January 24, 2012
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