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Citibank (S.D.) N.A. v Vaizer
2006 NY Slip Op 50074(U) [10 Misc 3d 142(A)]
Decided on January 23, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 23, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ
570171/05.

Citibank (South Dakota) N.A., Plaintiff-Appellant,

against

Elaine Vaizer, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County (Eileen A. Rakower, J.), which denied its motion for summary judgment without prejudice to the commencement of a new action.


PER CURIAM:

Order (Eileen A. Rakower, J.), entered on or about December 3, 2003, reversed, and plaintiff's motion for summary judgment is granted in the principal amount of $11,272.76. (See Citibank [SD.], N.A v Vaizer, appeal numbered 05-123, decided herewith.) The Clerk is directed to enter judgment accordingly.

This constitutes the order of the Court.
Decision Date: January 23, 2006