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MATTER OF FRANKEL v. CITICORP INSURANCE SERVICES, INC.

2008-10309.

80 A.D.3d 280 (2010)

913 N.Y.S.2d 254

In the Matter of MARK FRANKEL, on Behalf of Himself and All Others Similarly Situated, Appellant, v. CITICORP INSURANCE SERVICES, INC., et al., Respondents, et al., Defendants.

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

Decided November 30, 2010.

Attorney(s) appearing for the Case

Harry I. Katz, P.C., and Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola ( Norman H. Dachs , of counsel), for appellant.

Stroock & Stroock & Lavan LLP, New York City ( Julia B. Strickland pro hac vice and Joseph E. Strauss of counsel), for respondents.

SKELOS, J.P., CHAMBERS and LOTT, JJ., concur.

OPINION OF THE COURT

HALL, J.

In 1987, the plaintiff Mark Frankel (hereinafter the plaintiff) opened a credit card account with the defendant Citibank (South Dakota) N.A. (hereinafter Citibank), subject to a written agreement which provided, among other things, that Citibank could unilaterally change any of the terms of the agreement at any time. About 14 years later, Citibank allegedly mailed the plaintiff a notice that it was changing the terms of the...

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