Appeal by plaintiff from an order of the Civil Court, Queens County

(R. Hollis, J.), entered on August 9, 2000, denying its motion for summary judgment
and an order entered on August 21, 2001 (D. Elliot, J.), denying its motion for reargument.

Appeal from order entered August 21, 2001 unanimously dismissed
as no appeal lies from an order denying reargument.

Order entered August 9, 2000 unanimously reversed without costs
and plaintiff's motion for summary judgment granted in the sum of $7,440.56 plus interest.

Plaintiff commenced this action for an account stated. In support of plaintiff's unopposed motion for summary judgment, it was averred by plaintiff's authorized agent that she had full knowledge of the account stated based upon her review of the books and records of the outstanding balance due on defendant's
credit card account kept in the ordinary course of business. She alleged further that plaintiff sent defendant monthly statements detailing the balance due and that defendant's balance remained unpaid. Photocopies of the monthly statements were annexed to the moving papers. Moreover, she alleged that defendant never
disputed the validity of the balance owed nor did he notify plaintiff of any defenses, setoffs or counterclaims. We find that plaintiff has established an account stated between the parties (see Citibank [S.D.] v Jones, 272 AD2d 815 [2000]). [*2]
Accordingly, summary judgment is awarded plaintiff in the amount of the
outstanding balance due.
Decision Date: October 29, 2004