Opinion
570504/07.
Decided on February 28, 2008.
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated March 9, 2007, which granted plaintiff's motion for summary judgment, and from an order (same court and Judge), dated June 27, 2007, which upon reargument, adhered to its prior decision.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Orders (Geoffrey D. Wright, J.), dated March 9, 2007 and June 27, 2007, affirmed, without costs.
Plaintiff established a prima facie entitlement to summary judgment through its submission of the credit card acceptance certificate, credit card agreement, monthly billing statements and proof of nonpayment ( see Citibank (South Dakota) N.A. v Roberts, 304 AD2d 901). In opposition, defendant failed to raise a triable issue of fact. Defendant denied neither the extension of credit nor the receipt of accurate monthly statements, and made no competent showing that she had been a victim of identity theft.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.