| Great Seneca Fin. Corp. v Brown |
| 2008 NY Slip Op 50380(U) [18 Misc 3d 140(A)] |
| Decided on February 28, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 of the City of New York, New York
County (Geoffrey D. Wright, J.), dated March 9, 2007, which granted plaintiff's motion for
summary judgment, and from an order (same court and Judge), dated June 27, 2007, which upon
reargument, adhered to its prior decision.
Per Curiam:
Orders (Geoffrey D. Wright, J.), dated March 9, 2007 and June 27, 2007, affirmed, without costs.
Plaintiff established a prima facie entitlement to summary judgment through its submission of the credit card acceptance certificate, credit card agreement, monthly billing statements and proof of nonpayment (see Citibank (South Dakota) N.A. v Roberts, 304 AD2d 901 [2003]). In opposition, defendant failed to raise a triable issue of fact. Defendant denied neither the extension of credit nor the receipt of accurate monthly statements, and made no competent showing that she had been a victim of identity theft.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 28, 2008