CITIBANK (SOUTH DAKOTA) N.A. v. JONES


272 A.D.2d 815 (2000)

708 N.Y.S.2d 517

CITIBANK (SOUTH DAKOTA) N. A., Respondent, v. MARY J. JONES, Appellant. ANDREW F. CAPOCCIA LAW CENTERS, L. L. C., Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 25, 2000.


Carpinello, J.

Plaintiff brought this action for breach of contract and account stated to recover $2,003.57, the claimed balance due on a Visa credit card. In her answer, defendant asserted one affirmative defense, namely, failure to state a cause of action. At issue on appeal is an order of Supreme Court which granted plaintiff summary judgment on the account stated cause of action, as well as an order of the court which sanctioned defendant's attorney for frivolous...

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