Citibank (South Dakota) N.A. v Hofmann

Citibank (South Dakota) N.A. v Hofmann 2014 NY Slip Op 50779(U) Decided on April 30, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.


SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and TOLBERT, JJ.
2012-2210 S C

Citibank (South Dakota) N.A., Respondent,

against

Harold B. Hofmann, Appellant.

[*1]

Appeal from a judgment of the District Court of Suffolk County, Fourth District (C. Stephen Hackeling, J.), entered April 2, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $12,353.88.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action to recover for breach of a credit card agreement and upon an account stated. Following a nonjury trial, the District Court awarded plaintiff the principal sum of $12,353.88 based upon the cause of action for an account stated.

Contrary to defendant's contention on appeal, the evidence adduced at trial established that monthly credit card billing statements had been sent to defendant at his residence in Bay Shore, New York and that defendant had failed to raise any objection to the statements within a reasonable time. The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). We find no basis to disturb the District Court's determinations. Defendant's remaining contentions are either unpreserved for appellate review or without merit.

Accordingly, the judgment is affirmed.

Iannacci, J.P., Marano and Tolbert, JJ., concur.

Decision Date: April 30, 2014