Palisades Collection, LLC v Staley

[*1] Palisades Collection, LLC v Staley 2007 NY Slip Op 51989(U) [17 Misc 3d 131(A)] Decided on October 5, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 5, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-1038 K C.

Palisades Collection, LLC assignee of PROVIDIAN, Respondent,

against

Norma Staley, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered April 24, 2006. The order granted plaintiff's motion for summary judgment.

Order affirmed without costs.

In this action for breach of a credit card agreement, defendant's unsworn document submitted in opposition to plaintiff's motion for summary judgment did not constitute competent evidence sufficient to defeat the motion (see Discover Bank v Raytsin, 4 Misc 3d 126[A], 2004 NY Slip Op 50590[U] [App Term, 2d & 11th Jud Dists]), and her verified answer, which may be used in lieu of a sworn affidavit (CPLR 105 [U]), contained conclusory allegations which were also insufficient to defeat the motion.

We note that matters in defendant's brief are dehors the record and may not be considered on appeal (see Blum v Yuabov, 12 Misc 3d 139[A], 2006 NY Slip Op 51333[U] [App Term, 2d & 11th Jud Dists]).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: October 05, 2007