Cach, LLC v Shetiwy

[*1] Cach, LLC v Shetiwy 2013 NY Slip Op 52072(U) Decided on December 9, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 9, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2012-2703 Q C.

Cach, LLC, Respondent,

against

Amal Shetiwy, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered September 5, 2012, deemed from a judgment of the same court entered November 20, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 5, 2012 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $3,258.33.

ORDERED that the judgment is affirmed, without costs.

In this action to recover the principal sum of $3,258.33 for breach of a credit card agreement and based upon an account stated, defendant appeals from an order of the Civil Court which granted plaintiff's motion for summary judgment. A judgment was
subsequently entered in favor of plaintiff in the principal sum of $3,258.33, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

Defendant has failed to raise any issue on appeal challenging the propriety of the Civil Court's order granting plaintiff's motion for summary judgment. Consequently, we find no basis to disturb the judgment entered pursuant thereto.

Accordingly, the judgment is affirmed. [*2]

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: December 09, 2013