Barclay v Capital One Bank, N.A.
Annotate this CaseDecided 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
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