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HOUSEHOLD BANK (SB), N.A. v. MITCHELL

12 A.D.3d 568 (2004)

785 N.Y.S.2d 116

HOUSEHOLD BANK (SB), N.A., Respondent, v. STEVE N. MITCHELL, Appellant.

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

November 22, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The evidence presented by the plaintiff established its prima facie entitlement to summary judgment on its first cause of action for the amount owed on a credit card it issued to the defendant (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). In opposition, the defendant failed to present evidence sufficient to raise a triable issue of fact as to...

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