Barclay v Capital One Bank, N.A.

[*1] Barclay v Capital One Bank, N.A. 2015 NY Slip Op 50578(U) Decided on April 21, 2015 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 21, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.
570699/14

Patrick A. Barclay a/k/a, Independent Anchor, Plaintiff-Appellant, -

against

Capital One Bank, N.A., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of

the City of New York, New York County (James E. d'Auguste, J.), dated January 27, 2014, which granted defendant's motion for summary judgment dismissing the complaint.

Per Curiam.

Order (James E. d'Auguste, J.), dated January 27, 2014, affirmed, without costs.

Defendant's motion for summary judgment dismissing the complaint was properly granted. Defendant's documentary proof established, prima facie, that all money deposited by plaintiff was properly credited to his account with the defendant bank and that there were no unauthorized withdrawals. In opposition, plaintiff failed to raise a triable issue that any money was missing from the account or that there had been any unauthorized activity.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: April 21, 2015