Phillipe v. American Express Travel Related Services Co.

—Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered February 5, 1991, which granted defendant’s motion pursuant to CPLR 3211 (a) (7) and dismissed the amended complaint, unanimously modified, on the law, to the extent of denying the motion to dismiss the first cause of action and reinstating that cause of action and, as so modified, the order is otherwise affirmed, without costs.

Plaintiff, against whom defendant obtained a default judgment for $9,470.53 in charges billed to her American Express card, brings this class action on behalf of herself and all others…