Opinion
570438/09.
Decided December 29, 2009.
Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about May 12, 2009, after a nonjury trial, in favor of plaintiff and awarding it damages in the principal sum of $8,333.41.
Judgment (Nelida Malave-Gonzalez, J.), entered on or about May 12, 2009, affirmed, without costs.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
The evidence, fairly interpreted, supports plaintiff's recovery of the credit card debt under the theory of account stated, since defendant did not object within a reasonable time to the itemized credit card statements ( see generally Citibank [S.D.] v Jones, 272 AD2d 815, lv denied 95 NY2d 764; Shea Gould v Burr, 194 AD2d 369). Defendant's argument that plaintiff was required to submit a signed credit card application in order to establish its claim based on an account stated is without merit ( see Citibank (SD) N.A. v Reine , 14 Misc 3d 130[A], 2007 NY Slip Op 50013[U]). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur