Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered February 13, 2008, deemed from a judgment of the same court entered May 6, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the February 13, 2008 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $3,811.24.

ORDERED that the judgment is reversed without costs, the order granting plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

In this action to recover the principal sum of $3,811.24 for breach of a credit card agreement and upon an account stated, plaintiff moved for summary judgment only on
the breach of the credit card agreement cause of action. The Civil Court granted plaintiff's motion on the ground that plaintiff had established a prima facie entitlement to summary judgment and that defendant had not raised an issue of fact warranting a trial.

We find that plaintiff failed to establish its prima facie entitlement to judgment as a matter of law based on a breach of the credit card agreement since it failed to provide proof itemizing the various purchases or transactions allegedly made with the credit card (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]). Accordingly, the judgment in favor of plaintiff is reversed, the order granting plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: October 08, 2009