Legal Opinion
Citibank (South Dakota), N.A. v. Martin
Civil Court of the City of New York
Decided December 16, 2005PublishedCited by 10 opinions
1Opinion of the Court
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 NY2d 1065, 1067 [1979] [“To obtain summary judgment it is necessary that the movant establish (a) cause of action or defense ‘sufficiently to warrant the court as a matter of law in directing judgment’ in (movant’s) favor (CPLR 3212, subd. [b]), and (movant) must do so by…
2Cases cited47 opinions
- Allen v. WrightSupreme Court of the United States · 1984
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Marquette National Bank of Minneapolis v. First of Omaha Service Corp.Supreme Court of the United States · 1978
42 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- NetJets Aviation, Inc. v. LHC COMMUNICATIONS, LLCCourt of Appeals for the Second Circuit · 2008
- Midfirst Bank v. AghoAppellate Division of the Supreme Court of the State of New York · 2014
- Bank of Am., N.A. v. BallAppellate Division of the Supreme Court of the State of New York · 2020
- MBNA America Bank, N.A. v. StraubNew York Supreme Court · 2006
- Citibank (SD) N.A. v. HansenNassau County District Court · 2010
5 more not listed; retrieve them via the Exa API.