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CITIBANK (SOUTH DAKOTA), N.A. v. RUNFOLA

283 A.D.2d 1016 (2001)

725 N.Y.S.2d 246

CITIBANK (SOUTH DAKOTA), N.A., Appellant, v. NANCY L. RUNFOLA, Respondent.

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

Decided May 2, 2001.

Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Supreme Court erred in denying plaintiff's motion seeking summary judgment on an account stated for a credit card balance on the ground that plaintiff had made a previous motion for the same relief. While successive motions for summary judgment are generally discouraged (see, Welch Foods v Wilson, 277 A.D.2d 882; see also, Gadley v...

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