Appeal from an order of the Civil Court of the City of New York, Queens County (Stephen S. Gottlieb, J.), entered June 22, 2006. The order denied plaintiff's motion for summary judgment.

Order modified by providing that plaintiff's motion for summary judgment is granted to the extent of awarding plaintiff partial summary judgment on its second cause of action for an account stated in the principal sum of $4,671.17; as so modified, affirmed without costs.

Plaintiff commenced the instant action to recover the principal sum of $12,671.17, plus attorneys' fees, based on the breach of a credit card agreement and, as a second cause of action, sought recovery based on an account stated. Plaintiff subsequently moved for summary judgment on its causes of action. The motion was denied, and this appeal by plaintiff ensued.

Plaintiff failed to establish its prima facie entitlement to judgment as a matter of law on its first cause of action alleging a breach of contract since plaintiff did not provide proof itemizing the various purchases defendant allegedly made with her credit card (see Direct Merchants Credit Card Bank v Lazareva, 10 Misc 3d 128[A], 2005 NY Slip Op 51912[U] [App Term, 2d & 11th Jud Dists 2005]).

It is well settled that a claim for an account stated is independent of the original obligation (see W.R. Haughton Training Stables v Miriam Farms, 118 AD2d 639 [1986]). By its submission of unrefuted evidence of having mailed statements of account to defendant, which statements were retained without objection for a reasonable period of time, plaintiff established its entitlement to summary judgment on its claim for an account stated (see Werner v Nelkin, 206 AD2d 422 [1994]). A review of the record establishes that plaintiff acknowledges receipt of [*2]payment in the sum of $8,000. Accordingly, plaintiff's motion should have been granted to the extent of awarding plaintiff partial summary judgment on its second cause of action for an account stated in the principal sum of $4,671.17.

Weston Patterson, J.P., Golia and Rios, JJ., concur.
Decision Date: July 10, 2008