Legal Opinion
Discover Bank v. Beckerman
Appellate Terms of the Supreme Court of New York
Decided January 11, 2008PublishedCited by 1 opinion
1Opinion of the Court
*96OPINION OF THE COURT
Memorandum.
Order, insofar as appealed from, affirmed without costs and, upon searching the record, summary judgment dismissing the counterclaim granted.
Plaintiff commenced this action to recover the balance due on a credit card account and asserted a cause of action for an account stated. Defendant interposed a counterclaim alleging that plaintiff violated the Fair Credit Billing Act and seeking damages in the sum of $250,000. Plaintiff moved for summary judgment, and defendant cross-moved for summary judgment on the counterclaim.
In support of the cross motion, defendant…
2Cases cited3 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Michael Stuart Dawkins v. Sears Roebuck and CompanyCourt of Appeals for the Fifth Circuit · 1997
- Cunningham v. Bank OneDistrict Court, W.D. Washington · 2007
3Cited by1 opinion
- Langenfeld v. Chase Bank USA, N.A.District Court, N.D. Oklahoma · 2008