Legal Opinion

Capital One Bank v. Koralik

Appellate Terms of the Supreme Court of New York

Decided February 17, 2016Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Appeal from order, entered September 4, 2013, deemed an appeal from the ensuing judgment, entered October 23, 2013, and so considered (see CPLR 5520 [c]), judgment affirmed, without costs.

We sustain the grant of plaintiff’s motion for summary judgment in this action seeking to collect on a credit card debt. Plaintiff met its prima facie burden of establishing its entitlement to judgment as a matter of law, tendering evidence that it generated account statements for the defendant in the regular course of business, that it mailed those statements to defendant on a monthly…

3Cases cited11 opinions

  1. Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
  2. Ingle v. Glamore Motor Sales, Inc.New York Court of Appeals · 1989
  3. Citibank, N.A. v. CabreraAppellate Division of the Supreme Court of the State of New York · 2015
  4. Citibank (South Dakota) N. A. v. JonesAppellate Division of the Supreme Court of the State of New York · 2000
  5. American Express Centurion Bank v. GabayAppellate Division of the Supreme Court of the State of New York · 2012

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