UNIFUND CCR PARTNERS v. YOUNGMAN, GERALD

Memorandum:

Plaintiff, as the alleged assignee of Chase Manhattan Bank (Chase), commenced this action for breach of contract and account stated seeking to recover reasonable attorneys’ fees and the balance owed on a credit card issued to defendant. We conclude that Supreme Court erred in granting plaintiffs motion for summary judgment and instead should have granted defendant’s cross motion for summary judgment seeking dismissal of the complaint on the ground that plaintiff lacked standing to sue defendant (see CPLR 3211 [a] [3]). To establish such standing, plaintiff was required to submit…