Opinion
2005-369 K C.
Decided November 21, 2005.
Appeal from an order of the Civil Court of the City of New York, Kings County (Eileen Nadelson, J.), entered on January 4, 2004. The order, insofar as appealed from as limited by defendants' brief, granted plaintiff's motion for summary judgment.
Order, insofar as appealed from, unanimously reversed without costs, plaintiff's motion for summary judgment denied, and matter remanded for all further proceedings.
PRESENT: PESCE, P.J., GOLIA and BELEN, JJ.
In this action for breach of a credit card agreement and for an account stated, plaintiff failed to demonstrate a prima facie entitlement to summary judgment with regard thereto. Plaintiff failed to prove that defendants made the alleged purchases to the credit card agreement. In addition, we find that plaintiff failed to establish its cause of action for an account stated since the defendants timely objected to said account. Accordingly, the motion for summary judgment should have been denied.