Kiteta v. Citibank

Full title: RUTH K. KITETA, Plaintiff-Appellant, v. CITIBANK, Defendant-Respondent

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

Date published: Feb 23, 2006

2006 N.Y. Slip Op. 50227 (N.Y. App. Term 2006)

815 N.Y.S.2d 494

Opinion

570681/05.

Decided February 23, 2006.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered on or about May 2, 2005, which granted defendant's motion to dismiss the complaint on statute of limitations grounds.

Order (Jeffrey K. Oing, J.), entered on or about May 2, 2005, affirmed, without costs.

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ.

PER CURIAM

The trial court applied the appropriate rules of substantive law and achieved substantial justice ( see CCA 1804, 1807) in dismissing the small claims action. Plaintiff's claim seeking a refund of alleged overpayments made to her credit account more than nine years ago was untimely commenced ( see CPLR 213).

This constitutes the decision and order of the court.

I concur.