Capital One Bank v Harari

[*1] Capital One Bank v Harari 2009 NY Slip Op 52215(U) [25 Misc 3d 134(A)] Decided on October 23, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2008-1922 Q C.

Capital One Bank, Respondent,

against

Arnon Harari, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered September 9, 2008. The order granted a motion by plaintiff for summary judgment to the extent of awarding plaintiff partial summary judgment on the issue of liability.

ORDERED that the order is reversed without costs and plaintiff's motion for summary judgment is denied.

In this action for breach of a credit card agreement, plaintiff moved for summary judgment. In opposition to the motion, defendant alleged, in effect, that he should not be held personally liable for the obligations of the corporate entity to which the credit card was issued. The Civil Court granted plaintiff's motion to the extent of awarding plaintiff partial summary judgment on the issue of liability. This appeal by defendant ensued.

In our view, plaintiff failed to establish a prima facie entitlement to judgment as a matter of law on the issue of liability. In support of the motion, plaintiff submitted an unsigned credit card agreement and a credit card invitation form which showed that defendant signed said form as owner on behalf of a corporation. The motion papers submitted by plaintiff do not demonstrate that defendant agreed to be personally liable for the obligations of the corporation (see Maranga v McDonald & T. Corp., 8 AD3d 351 [2004]). Accordingly, the order granting plaintiff partial summary judgment is reversed and plaintiff's motion for summary judgment is denied. [*2]

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 23, 2009