In American Express National Bank v. Z*, the Appellate Division, Second Department, affirmed two orders of the Kings County Supreme Court granting summary judgment in favor of American Express National Bank against C.Z. and other defendants. The case centered on claims for breach of contract and recovery on an account stated, arising from an unpaid credit card balance totaling $500,404.37.
The AD2 found that American Express National Bank established its prima facie entitlement to judgment as a matter of law on both causes of action. With respect to breach of contract, the plaintiff demonstrated the existence of a credit card agreement, the defendants’ acceptance of its terms through usage and partial payments, and a subsequent failure to meet payment obligations. The court cited precedent which reinforced that such conduct constitutes breach under New York law.
On the account stated claim, American Express National Bank provided evidence that it regularly issued account statements to the defendants, who retained them without objection and made partial payments. This conduct satisfied the elements of an account stated, as articulated by the case-law. And the defendants’ opposition failed to raise any triable issue of fact, particularly regarding the accuracy of charges or the validity of the statements.
The appellate panel—J.J. Dillon, Wooten, Voutsinas, and Ventura—found no merit in the defendants’ remaining contentions. .
Apparently, American Express doesn't do forgiveness ....
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DECISION