WINDSEARCH, INC. v. DELAFRANGE

512521.

90 A.D.3d 1223 (2011)

934 N.Y.S.2d 576

2011 NY Slip Op 8883

WINDSEARCH, INC., Respondent, v. KENNETH P. DELAFRANGE, Appellant.

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

Decided December 8, 2011.


KAVANAGH, J.

Plaintiff alleges that defendant, in 1997, opened a credit card account with the Maryland National Bank. In 2002, when payments due and owing on that account were not paid, it was closed and the debt represented by the balance owed on the account was later assigned to plaintiff. In October 2007, plaintiff commenced this action against defendant seeking to recover what was owed on the account. In response, defendant moved for summary judgment dismissing...

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