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Bank of Am., N.A. v Gaudsmith
2012 NY Slip Op 50427(U) [34 Misc 3d 158(A)]
Decided on March 6, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 6, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., RIOS and ALIOTTA, JJ
2011-646 K C.

Bank of America, N.A., Respondent, —

against

Henry Gaudsmith, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Robin K. Sheares, J.), entered August 5, 2010. The order granted plaintiff's motion for summary judgment.


ORDERED that the order is affirmed, without costs.

In this action to recover the principal sum of $3,092.12 for breach of a credit card agreement and upon an account stated, the Civil Court granted plaintiff's motion for summary judgment.

Defendant has failed to raise any issue on appeal challenging the propriety of the Civil Court's order. Accordingly, as we find no basis to disturb the order granting plaintiff's motion for summary judgment, the order is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: March 06, 2012