Opinion
2009-746 K C.
Decided January 29, 2010.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered September 4, 2008. The order denied plaintiff's motion for summary judgment.
ORDERED that the order is affirmed without costs.
PRESENT: PESCE, P.J., WESTON and RIOS, JJ.
Plaintiff moved for summary judgment on its first cause of action, which alleged a breach of a credit card agreement. In opposition to plaintiff's motion, defendant stated that she had paid Providian National Bank, the issuer of the credit card and plaintiff's predecessor in interest, for a credit card protection plan covering the account in question. Defendant further stated that when she lost her job, the balance on said account should have been paid. Defendant provided a copy of a letter from "Credit Protection," dated February 28, 2005, indicating that she was enrolled in the credit protection plan for the account in question, that her credit card account was closed and that she would continue being a credit protection plan member for another 120 days. Plaintiff did not submit a reply affidavit explaining whether or not the account was paid under the credit protection plan. Since defendant raised an issue of fact as to whether the balance due on the credit card account had been paid ( see Zuckerman v City of New York, 49 NY2d 557), the Civil Court's order denying plaintiff's motion for summary judgment is affirmed.
We pass upon no other issues raised on appeal.
Pesce, P.J., Weston and Rios, JJ., concur.