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TSADILAS v. PROVIDIAN NATIONAL BANK

13 A.D.3d 190 (2004)

786 N.Y.S.2d 478

MILAGROS TSADILAS, Appellant, v. PROVIDIAN NATIONAL BANK, Respondent.

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

December 16, 2004.

Defendant sufficiently proved that it sent the arbitration provision to plaintiff (see e.g. Kurz v Chase Manhattan Bank USA, 319 F.Supp.2d 457, 464 [SD NY 2004]). Plaintiff consented to it by failing to opt out (cf. Providian Natl. Bank v Screws, ___ So 2d ___, 2003 WL 22272861, 2003 Ala LEXIS 298 [Ala 2003]) and by continuing to use her credit cards (see e.g. Kurz, 319 F Supp 2d at 465-466). Plaintiff is bound...

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