CAPITAL ONE BANK v. PHILLIPS

2017-02203, Index No. 741/06.

161 A.D.3d 1035 (2018)

78 N.Y.S.3d 203

2018 NY Slip Op 03656

Capital One Bank, Respondent, v. Annette Phillips, Also Known as Annette Dreitzer, Appellant.

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

Decided May 23, 2018.


Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff commenced this action against the defendant to recover damages for breach of contract and on an account stated in connection with an unpaid credit card balance. The plaintiff moved for summary judgment on the complaint, and the Supreme Court granted the motion. The defendant submitted a motion, denominated as one for leave to renew and/or reargue her opposition to the plaintiff's motion...

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