Direct Merchants Credit Card Bank v Lazareva (2005 NY Slip Op 51912(U))

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Direct Merchants Credit Card Bank v Lazareva

2005 NY Slip Op 51912(U) [10 Misc 3d 128(A)]

Decided on November 21, 2005

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 21, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: November 21, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., GOLIA and BELEN, JJ.
2005-369 K C

Direct Merchants Credit Card Bank, Respondent,

against

Raisa Lazareva and Zhanna Lazareva, Appellants.

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.

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.
Decision Date: November 21, 2005