Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered July 15, 2011, deemed from a judgment of the same court entered August 16, 2011 (see CPLR 5501 [c]).
Citibank (SD), N.A. v Harry
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This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on December 7, 2012
PRESENT: RIOS, J.P., ALIOTTA and SOLOMON, JJ
The judgment, entered pursuant to the July 15, 2011 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $24,499.23.
ORDERED that the judgment is affirmed, without costs.
In this action to recover for breach of a credit card agreement, defendant appeals from an order of the Civil Court which granted plaintiff's motion for summary judgment. A judgment was subsequently entered in favor of plaintiff in the principal sum of $24,499.23 from which the appeal is deemed to have been taken (see CPLR 5501 [c]).
We find that plaintiff established its entitlement to judgment as a matter of law on its cause of action for breach of a credit card agreement. Plaintiff presented the statements itemizing the credit card transactions and purchases, proving that defendant had used the credit card that had been issued to him (see Citibank [SD], N.A. v Minhas, 35 Misc 3d 128[A], 2012 NY Slip Op 50586[U] [App Term, 9th & 10th Jud Dists 2012]). Defendant failed to raise a triable issue of fact. Consequently, we find no basis to disturb the judgment.
Accordingly, the judgment is affirmed.
Rios, J.P., Aliotta and Solomon, JJ., concur. Decision Date: December 07, 2012
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