| Citibank (S.D.) N.A. v Suen |
| 2005 NY Slip Op 52262(U) [11 Misc 3d 126(A)] |
| Decided on May 19, 2005 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by plaintiff from an order of the Civil Court, Queens County (E. Walker, J.), entered on July 14, 2004, which denied its motion for summary judgment.
Order unanimously affirmed without costs.
In this action to recover the balance due on a credit card account, plaintiff's motion for summary judgment was properly denied by the court below. Plaintiff failed to submit competent evidence in admissible form to establish a prima facie showing of its claims. The motion for summary judgment was only supported by an affidavit sworn to before a Missouri notary. The affidavit was not accompanied by a certificate of conformity and the court below properly ruled that the papers were insufficient pursuant to CPLR 2309 (c) in that a certificate of conformity was required (Real Property Law § 299-a [1]; see Jenkins v Diamond, 308 AD2d 510 [2003], citing Ford Motor Credit Co. v Prestige Gown Cleaning Serv., 193 Misc 2d 262 [2002]).
Decision Date: May 19, 2005