Opinion
2004-1582 Q C.
Decided July 21, 2005.
Appeal by plaintiff from an order of the Civil Court, Queens County (D. Pineda-Kirwan, J.), entered on September 9, 2004, which denied its motion for summary judgment.
Order unanimously affirmed without costs.
Before: PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
In this action to recover the balance due on a credit card account, plaintiff's motion for summary judgment was properly denied by the court below. Plaintiff failed to submit competent evidence in admissible form to establish a prima facie showing of its claims. The motion for summary judgment was only supported by an affidavit taken by an Ohio notary without the requisite certificate of conformity. The court below properly ruled that the papers were insufficient pursuant to CPLR 2309 (c) in that a certificate of conformity was required (Real Property Law § 299-a; see Jenkins v. Diamond, 308 AD2d 510; Ford Motor Credit Co. v. Prestige Gown Cleaning Serv., 193 Misc 2d 262).