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). He is another example of 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 letter from the Comptroller of the Currency pursuant to Banking Law § 602and proof 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 establishes that during the period statements were received by the defendant and she made regular partial payments.