Citibank, N.A. v. Cabrera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract and based on an account stated, the plaintiff appeals from an order of the Supreme Court, Kings County (Dear, J.), dated April 28, 2014, which denied its unopposed motion for summary judgment on the complaint and dismissing the defendant’s counterclaim.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the plaintiff’s motion for summary judgment on the complaint and dismissing the defendant’s counterclaim. On its motion for summary judgment, the plaintiff had the burden of establishing, by…
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