Citibank (S.D.), N.A. v Leon

[*1] Citibank (S.D.), N.A. v Leon 2009 NY Slip Op 52642(U) [26 Misc 3d 128(A)] Decided on December 29, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570438/09.

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

against

Joseph Leon, Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about May 12, 2009, after a nonjury trial, in favor of plaintiff and awarding it damages in the principal sum of $8,333.41.

Per Curiam.

Judgment (Nelida Malave-Gonzalez, J.), entered on or about May 12, 2009, affirmed, without costs.

The evidence, fairly interpreted, supports plaintiff's recovery of the credit card debt under the theory of account stated, since defendant did not object within a reasonable time to the itemized credit card statements (see generally Citibank [S.D.] v Jones, 272 AD2d 815, lv denied 95 NY2d 764 [2000]; Shea & Gould v Burr, 194 AD2d 369 [1993]). Defendant's argument that plaintiff was required to submit a signed credit card application in order to establish its claim based on an account stated is without merit (see Citibank (SD) N.A. v Reine, 14 Misc 3d 130[A], 2007 NY Slip Op 50013[U]). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: December 29, 2009