CITIBANK, N.A. v. MARTIN


11 Misc.3d 219 (2005)

807 N.Y.S.2d 284

CITIBANK (SOUTH DAKOTA), N.A., Plaintiff, v. CYBEL MARTIN, Defendant. RUSHMORE RECOVERIES IV, LLC, as Assignee of CHASE MANHATTAN BANK, Plaintiff, v. ALFREDO VIERA, Defendant.

Civil Court of the City of New York, New York County.

December 16, 2005.


Attorney(s) appearing for the Case

Forster & Garbus, Farmingdale (Edward J. Damsky of counsel), for Citibank (South Dakota), N.A., plaintiff.

Mel S. Harris & Associates, LLC, New York City (David Waldman of counsel), for Rushmore Recoveries IV, LLC, plaintiff.

Cybel Martin, defendant pro se.

32B-J Legal Services, New York City (Kathleen Turley of counsel), for Alfredo Viera, defendant.


OPINION OF THE COURT

DIANE A. LEBEDEFF, J.

With great frequency, courts are presented with summary judgment motions by credit card issuers seeking a balance due from credit card holders which motions fail to meet essential standards of proof and form in one or more particulars (Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067 [1979] ["To obtain summary judgment it is necessary that the movant establish...

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