Legal Opinion

Citibank, N.A. v. Cabrera

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 2015PublishedCited by 39 opinions

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…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Palisades Collection, LLC v. KedikAppellate Division of the Supreme Court of the State of New York · 2009
  3. West Valley Fire District No. 1 v. Village of SpringvilleAppellate Division of the Supreme Court of the State of New York · 2002
  4. US Bank National Ass'n v. MaderoAppellate Division of the Supreme Court of the State of New York · 2015
  5. JP Morgan Chase Bank, N.A. v. RADS Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by39 opinions

  1. Deutsche Bank National Trust Co. v. BrewtonAppellate Division of the Supreme Court of the State of New York · 2016
  2. U.S. Bank National Ass'n v. MartinAppellate Division of the Supreme Court of the State of New York · 2016
  3. Aurora Loan Services, LLC v. MerciusAppellate Division of the Supreme Court of the State of New York · 2016
  4. Aurora Loan Services, LLC v. BaritzAppellate Division of the Supreme Court of the State of New York · 2016
  5. HSBC Mortgage Services, Inc. v. RoyalAppellate Division of the Supreme Court of the State of New York · 2016

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