Yalanzon v. Citibank (South Dakota) N. A.

Banke, Judge.

Appellee, Citibank, sued appellant, Sam C. Yalanzon, on open account for $478.02, plus attorney fees and costs. Yalanzon coun terclaimed for $5,000 “arising out of plaintiff’s harassment and unlawful telephone calls to defendant and to employees of defendant in violation of federal and state laws.” The trial court granted summary judgment to Citibank both as to the counterclaim and as to the suit on account, awarding it $478.02 principal, $71.70 attorney fees, and costs. Yalanzon appeals.

Citibank submitted affidavits and documentary evidence showing that Yalanzon had been issued…