Opinion
2007-758 K C.
Decided March 5, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered January 8, 2007. The order, insofar as appealed from as limited by the brief, denied defendant's motion for summary judgment.
Order, insofar as appealed from, affirmed without costs.
PRESENT: WESTON PATTERSON, J.P., GOLIA and RIOS, JJ.
In this action, plaintiff seeks to recover the balance due on a credit card account and on an account stated. Defendant moved for summary judgment dismissing the complaint on the ground that he never received any of the monthly statements and that he was not aware that a balance was owed thereon. He alleged in his moving papers that the cardholder was Allstate Medical Products, Inc., and he was a corporate officer thereof. He alleged further that a credit card agreement was signed in 1995, and he attached a copy of the Acceptance Certificate to his moving papers, which appears to be signed by him, indicating that he agreed to be held personally liable for the obligations of the corporation. Thus, defendant did not shift the burden of proof to plaintiff. Although, defendant argues on appeal that said signature is a forgery, the issue is not properly preserved for appellate review because he did not raise this argument in his moving papers. Consequently, the court below properly denied defendant's motion.
Weston Patterson, J.P., Golia and Rios, JJ., concur.