Sherman Acquisition Ltd. Partnership v McLeod

[*1] Sherman Acquisition Ltd. Partnership v McLeod 2005 NYSlipOp 50866(U) Decided on June 3, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 3, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: June 3, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and BELEN, JJ.
2004-1329 K C

Sherman Acquisition Limited Partnership, Appellant,

against

Claudine J. McLeod, Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (E. Gesmer, J), entered on August 4, 2004, denying its motion for summary judgment.

Order unanimously reversed without costs and motion by plaintiff for summary judgment granted.

In this action to recover based on a breach of a credit card agreement and an account stated, there are no material issues of fact presented requiring a trial since defendant failed to deny, and therefore admitted, the allegations of the complaint (see CPLR 3018 [a]), and she did not assert any affirmative defenses (see CPLR 3018 [b]). [*2]
Defendant merely alleged in her answer that she could not make payments to the account until she returns to work. Under the circumstances, plaintiff's unopposed motion for summary judgment should be granted.
Decision Date: June 03, 2005