Citibank v. Clavan

Full title: CITIBANK, N.A., Plaintiff-Respondent, v. PETER CLAVAN, Defendant-Appellant

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

Date published: Apr 8, 2004

2004 N.Y. Slip Op. 50301 (N.Y. App. Term 2004)

Opinion

570865/03.

Decided April 8, 2004.

Defendant appeals from an order of the Civil Court, New York County, entered August 13, 2002 (Cynthia Kern, J.), which granted plaintiff's motion for summary judgment, and from an order of the same court and Judge dated October 4, 2002, which denied defendant's motion to reargue the aforesaid order.

Order entered August 13, 2002 (Cynthia Kern, J.) affirmed, with $10 costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

Appeal from order denying reargument dated October 4, 2002 (Cynthia Kern, J.) dismissed, without costs, as nonappealable.

Plaintiff Citibank was properly awarded summary judgment on the complaint, there being no serious dispute as to the validity or amount of the delinquent balance shown to be due on defendant's checking-plus account. The opposing papers merely contain unsupported, conclusory assertions insufficient to defeat summary judgment ( see, Zuckerman v. City of New York, 49 NY2d 557).

This constitutes the decision and order of this Court.