Opinion
2014-07-1
TARGET NATIONAL BANK, Respondent, v. Catherine LOVRIN, Appellant.
Present: PESCE, P.J., SOLOMON and ELLIOT, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered November 1, 2012, deemed from a judgment of the same court entered January 9, 2013 (see CPLR 5501[c] ). The judgment, entered pursuant to the November 1, 2012 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $16,391.62.
ORDERED that the judgment is affirmed, without costs.
In this action to recover the principal sum of $16,391.62 for, among other things, breach of a credit card agreement, defendant appeals from an order of the Civil Court which granted plaintiff's motion for summary judgment. The appeal is deemed to be from the judgment that was subsequently entered awarding plaintiff the principal sum of $16,391.62 ( see CPLR 5501[c] ).
We find that plaintiff established its entitlement to judgment as a matter of law on its cause of action for breach of a credit card agreement. Plaintiff presented statements itemizing the credit card transactions and purchases, proving that defendant had used the credit card that had been issued to her ( see Citibank [S.D.] N.A. v. Minhas, 35 Misc.3d 128[A], 2012 N.Y. Slip Op 50586[U] [App Term, 9th & 10th Jud Dists 2012] ). Defendant failed to raise a triable issue of fact in opposition to the motion.
We note that defendant, who was self represented in the Civil Court, acted at her own peril and that she acquired no greater rights than any other litigant ( see Roundtree v. Singh, 143 A.D.2d 995 [1998] ). In addition, defendant's contention regarding plaintiff's lack of standing was raised for the first time on appeal and will not be considered ( see HSBC Bank USA, Natl. Assn. v. Calderon, 115 A.D.3d 708 [2014] ). In any event, defendant did not assert the affirmative defense that plaintiff lacked standing in her answer or in a pre-answer motion to dismiss and, thus, this defense has been waived ( see CPLR 3211[e]; U.S. Bank, N.A. v. Denaro, 98 A.D.3d 964 [2012] ).