[*1]
Kiteta v Citibank
2006 NY Slip Op 50227(U) [11 Misc 3d 127(A)]
Decided on February 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 23, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ
570681/05.

Ruth K. Kiteta, Plaintiff-Appellant, No.

against

Citibank, Defendant-Respondent.


Plaintiff appeals from an order of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered on or about May 2, 2005, which granted defendant's motion to dismiss the complaint on statute of limitations grounds.


PER CURIAM

Order (Jeffrey K. Oing, J.), entered on or about May 2, 2005, affirmed, without costs.

The trial court applied the appropriate rules of substantive law and achieved substantial justice (see CCA 1804, 1807) in dismissing the small claims action. Plaintiff's claim seeking a refund of alleged overpayments made to her credit account more than nine years ago was
untimely commenced (see CPLR 213).

This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: February 23, 2006