Consumer Debt Defense Case Law: Citibank (S. Dakota), N.A. v Keskin

Citibank (S. Dakota), N.A. v Keskin, 121 AD3d 635, 636 (2d Dept 2014)- this is a case often cited on breach of contract/Account Stated motion for summary judgments. This case essentially proves that if you make partial payments on your credit cards and/or do not object to the credit statements against a first party credit card debtor you are likely to have issues opposing a summary judgment.

1. Breach of [Credit Card] Contract: plaintiff provided sufficient evidence that there was an agreement, which the defendant accepted by his use and his payments made, and which was breached by the defendant when he failed to make the required payments.

2. Account Stated: plaintiff proved that it generated account statements for the defendant in the regular course of business, that it mailed those statements to the defendant on a monthly basis, and that the defendant accepted and retained these statements for a reasonable period of time without objection, and made partial payments thereon.

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