DISCOVER BANK v. ANDERSON

2007-178 Q C.

2008 NY Slip Op 51526 (U)

DISCOVER BANK, Appellant, v. TYESE R. ANDERSON, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 10, 2008.


Plaintiff commenced the instant action to recover the principal sum of $12,671.17, plus attorneys' fees, based on the breach of a credit card agreement and, as a second cause of action, sought recovery based on an account stated. Plaintiff subsequently moved for summary judgment on its causes of action. The motion was denied, and this appeal by plaintiff ensued.

Plaintiff failed to establish its prima facie entitlement to judgment as a matter of law on its first cause...

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