Appeal by defendant from an order of the District Court, Nassau County

(S. Fairgrieve, J.), entered May 14, 2003, granting plaintiff's motion for summary judgment and reserving decision as to an award for reasonable attorney's fees following submission of further papers.

Order unanimously affirmed without costs.

In this action for breach of a credit card agreement and for an account stated, plaintiff demonstrated its prima facie entitlement to judgment as a matter of law upon its motion for summary judgment (see MBNA America Bank, N.A. v Paradise, 285 AD2d 586 [2d Dept 2001]; Household Bank, N.A. v Malito, NYLJ, Dec. 23, 2003 [App Term, 2d & 11th Jud Dists]). Defendant failed to meet his burden in response (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]), as he came forward with no evidence to rebut plaintiff's assertion that he entered into a credit card agreement with its predecessor-in-interest, ratified the agreement by using the card, that the charges were made and payment demanded, and that defendant failed to pay in accordance with the terms of the agreement. The evidence that defendant submitted for the first time on appeal is neither properly received (see Matter of ELRAC, Inc. v Edwards, 270 AD2d 414 [2000]) nor persuasive; in fact, the statements submitted demonstrate that the original disputed charge was found proper and that due demand for payment was subsequently made, while defendant failed at any point to show evidence of his claimed dispute of the statements.
Decision Date: May 26, 2004