| Direct Merchants Credit Card Bank v Ugweches |
| 2004 NY Slip Op 51012(U) |
| Decided on September 2, 2004 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court, New York County, dated October 8, 2003 (Geoffrey D. Wright, J.) which, inter alia, denied defendant's cross motion to dismiss the complaint and granted plaintiff's motion for summary judgment in the principal sum of $1,024.93.
PER CURIAM:
Order dated October 8, 2003 (Geoffrey D. Wright, J.) affirmed, with $10 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 Am. Bank v Paradise, 285 AD2d 586 [2001]). In opposition, defendant challenged neither the accuracy of the calculations set out in plaintiff's billing statements nor the bona fides of the underlying credit card transactions and failed to raise a triable issue of fact as to his liability (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).
This constitutes the decision and order of the court.