| Bank of Am., N.A. (USA) v Salerno |
| 2009 NY Slip Op 50040(U) [22 Misc 3d 128(A)] |
| Decided on January 9, 2009 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 24, 2009; it will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Richmond County (Mary
Kim Dollard, J.), entered August 30, 2007. The order granted plaintiff's motion for summary
judgment.
Order affirmed without costs.
In this action to recover for breach of a credit card agreement and on an account stated, plaintiff moved for summary judgment. Upon our review of the record, we find that plaintiff established its prima facie entitlement to judgment as a matter of law on the cause of action for an account stated since the affidavit of plaintiff's agent demonstrated that monthly statements were sent to defendant, that defendant did not dispute the balance owed and that she retained same without objection (see Citibank [S.D.] v Jones, 272 AD2d 815 [2000]). Defendant's opposition to the motion failed to raise a triable issue of fact. Accordingly, the order granting plaintiff's motion for summary judgment is affirmed.
Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.
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Decision Date: January 09, 2009