Raytsin v Household Bank, N.A

[*1] Raytsin v Household Bank, N.A 2005 NY Slip Op 50108(U) Decided on February 2, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: February 2, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and GOLIA, JJ.
2004-1075 K C

CONSTATIN RAYTSIN, Appellant,

against

HOUSEHOLD BANK, N.A., Respondent.

Appeal by plaintiff from a judgment of the Civil Court, Kings County (J. Battaglia, J.), entered February 23, 2004, dismissing the action after an inquest.

Judgment unanimously affirmed without costs.

Plaintiff brought this action to recover from defendant $20,920 in compensatory and punitive damages, as well as attorney's fees. The bank, he claimed, erroneously reported a balance due on a credit card, which alleged debt was reflected in an adverse credit report, resulting in non-approval of his application for low-income housing, as well as the denial of three subsequent credit card applications.

In reviewing the record, we find that the court below properly dismissed the action after the inquest since plaintiff failed to establish a prima facie case against defendant for the damages alleged. We note that the court offered to adjourn the inquest to give plaintiff an opportunity to present any evidence he had in support of his claims, and that plaintiff declined the offer.
Decision Date: February 02, 2005