Discover Bank v Kagan

[*1] Discover Bank v Kagan 2005 NYSlipOp 51171(U) Decided on July 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: July 21, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2004-1582 Q C

Discover Bank, Appellant,

against

Lidiya I. Kagan, Respondent.

Appeal by plaintiff from an order of the Civil Court, Queens County (D. Pineda-Kirwan, J.), entered on September 9, 2004, which denied its motion for summary judgment.

Order unanimously affirmed without costs.

In this action to recover the balance due on a credit card account, plaintiff's motion for summary judgment was properly denied by the court below. Plaintiff failed to submit competent evidence in admissible form to establish a prima facie showing of its claims. The motion for summary judgment was only supported by an affidavit taken by an Ohio notary without the requisite certificate of conformity. The court below properly ruled that the papers were insufficient pursuant to CPLR 2309 (c) in that a certificate of conformity was required (Real Property Law § 299-a [1]; see Jenkins v Diamond, 308 AD2d 510 [2003]; Ford Motor Credit Co. v Prestige Gown Cleaning Serv., 193 Misc 2d 262 [2002]).
Decision Date: July 21, 2005