| U.S. Equities Corp. v Kopeychikov |
| 2009 NY Slip Op 50045(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| As corrected in part through February 24, 2009; it will not be published in the printed Official Reports.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, Kings County (Kathy J.
King, J.), entered July 30, 2007. The order granted plaintiff's motion for summary judgment.
Order reversed without costs and plaintiff's motion for summary judgment denied.
In this action for breach of a credit card agreement, plaintiff failed to establish its prima facie entitlement to judgment as a matter of law since it failed to provide proof itemizing the various transactions defendant allegedly made with the credit card. Plaintiff neither annexed charge slips to its affidavit in support of its motion for summary judgment nor specified therein the transactions made by defendant (see Discover Bank v Williamson, 14 Misc 3d 136[A], 2007 NY Slip Op 50231[U] [App Term, 9th & 10th Jud Dists 2007]; 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]). Therefore, the order granting plaintiff's motion for summary judgment is reversed and the motion denied. We note that plaintiff failed to plead a cause of action for an account stated.
Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: January 09, 2009