Opinion
2010-1775 K C.
08-10-2011
Citibank (South Dakota) N.A., Respondent, v. Lester I. Jamieson, Appellant.
PRESENT: : , P.J., GOLIA and STEINHARDT, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered on October 22, 2009, deemed from a judgment of the same court entered December 28, 2009 (see CPLR 5501 [c]). The judgment, entered pursuant to the October 16, 2009 order, which, among other things, granted plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $13,472.12.
ORDERED that the judgment is affirmed, without costs.
In this action for breach of a credit card agreement and based upon an account stated, the Civil Court, by order dated October 16, 2009, among other things, granted an opposed motion by plaintiff for summary judgment. A judgment was subsequently entered pursuant to the order, from which judgment the appeal is deemed to have been taken (see CPLR 5501 [c]).
We find that plaintiff's evidence in support of its motion for summary judgment was sufficient to establish its prima facie entitlement to judgment as a matter of law on its cause of action for breach of a credit card agreement. The affidavit of an employee of Citicorp Credit Services, Inc. was sufficient to lay a foundation for plaintiff's business records establishing the balance due on the credit card account (see CPLR 4518).
Accordingly, the judgment is affirmed.
Pesce, P.J., Golia and Steinhardt, JJ., concur.