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LVNV Funding, LLC v Lamdan
2009 NY Slip Op 50658(U) [23 Misc 3d 130(A)]
Decided on April 7, 2009
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 7, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT:: MOLIA, J.P., SCHEINKMAN and LaCAVA, JJ
2008-444 N C.

LVNV Funding, LLC a/p/o BANK OF AMERICA, Respondent,

against

Jacob Lamdan, Appellant.


Appeal from an order of the District Court of Nassau County, First District (Anthony W. Paradiso, J.), entered January 2, 2008. 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 upon an account stated, the District Court granted a motion by plaintiff for summary judgment. On appeal, defendant contends that plaintiff failed to establish its prima facie entitlement to summary judgment. Upon a review of the record, we find that plaintiff established its entitlement to judgment by showing that monthly statements were sent to defendant, that defendant did not dispute the balance owed and that he retained the monthly statements without objection. Accordingly, the order granting plaintiff's motion for summary judgment is affirmed.

Molia, J.P., Scheinkman and LaCava, JJ., concur.
Decision Date: April 07, 2009