Citibank (S.D.) N.A. v. Cutler

In an action to recover the outstanding balance due on a credit card, the defendant appeals from a judgment of the Supreme Court, Westchester County (Tolbert, J.), dated September 10, 2012, which, upon an order of the same court entered August 10, 2012, granting the plaintiffs motion for summary judgment on the complaint, is in favor of the plaintiff and against him in the principal sum of $49,137.28.

Ordered that the judgment is affirmed, with costs.

An account stated is an agreement, express or implied, between the parties to an account based upon prior transactions *574between them with respect…