BANK OF AM., N.A. (USA) v. SALERNO

Full title: BANK OF AMERICA, N.A. (USA), Respondent, v. MARIA F. SALERNO, Appellant

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Jan 9, 2009

2009 N.Y. Slip Op. 50040 (N.Y. App. Term 2009)

880 N.Y.S.2d 222

Opinion

2007-1550 RI C.

Decided on January 9, 2009.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Mary Kim Dollard, J.), entered August 30, 2007. The order granted plaintiff's motion for summary judgment.

Order affirmed without costs.

PRESENT: WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ.

In this action to recover for breach of a credit card agreement and on an account stated, plaintiff moved for summary judgment. Upon our review of the record, we find that plaintiff established its prima facie entitlement to judgment as a matter of law on the cause of action for an account stated since the affidavit of plaintiff's agent demonstrated that monthly statements were sent to defendant, that defendant did not dispute the balance owed and that she retained same without objection ( see Citibank [S.D.] v Jones, 272 AD2d 815). Defendant's opposition to the motion failed to raise a triable issue of fact. Accordingly, the order granting plaintiff's motion for summary judgment is affirmed.

Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.