Consumer Debt Defense Case Law: Citibank, N.A. v Geyer, 62 Misc 3d 1207(A) (NY Dist Ct 2019)

Citibank, N.A. v Geyer, 62 Misc 3d 1207(A) (NY Dist Ct 2019). This is another example of a case that even if you have an excellent trial attorney making compelling and interesting novel legal arguments, 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. Standing - plaintiff proved standing by offering testimony from an individual with personal knowledge of the business practices concerning the merger of the banks and a letter from the Comptroller of the Currency pursuant to Banking Law § 602 and proof a letter was sent to the client about the merger.

2. Breach of [Credit Card] Contract: Defendant never used the credit card after the modification of the agreement, so Plaintiff did not prove prima facie burden.

3. Account Stated: Plaintiff provided documentary evidence and credible testimony establishing that during the period statements were received by the defendant and she made regular partial payments.