Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered September 22, 2005. The order, insofar as appealed from as limited by defendant's brief, granted plaintiff's motion for summary judgment.

Order affirmed without costs.

In this action for breach of a credit card agreement and an account stated, plaintiff, in moving for summary judgment, established its prima facie entitlement to judgment as a matter of law on its cause of action for an account stated by submitting proof of defendant's receipt of the monthly account statements and their retention for an unreasonable period of time without objection (see Citibank [S.D.] v Jones, 272
AD2d 815 [2000]). Contrary to defendant's contention, it was not necessary for plaintiff to submit a signed copy of the credit card agreement in order to prevail on its motion for summary judgment on the account stated cause of action (see Schutz v Morette, 146 NY 137, 141 [1895]; Citibank [S.D.], N.A. v Macarle, 11 Misc 3d 128[A], 2006 NY Slip Op 50241[U] [App Term, 9th & 10th Jud Dists]). Defendant's remaining contentions are either without merit or improperly raised for the first time on appeal (see Shinn v Catanzaro, 1 AD3d 195 [2003]; Sam v Town of Rotterdam, 248 AD2d 850 [1998]).

Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: January 2, 2007