Citibank (South Dakota), N.A. v. Judy L. Klein (2010)

MEMORANDUM OF DECISION RE SUMMARY JUDGMENT (102.00)

The court has applied the well accepted standards for adjudicating a summary judgment motion.

In her answer defendant has agreed that she was extended credit by Citibank under a credit installment agreement.   Citibank has submitted an affidavit with attached copies of monthly account statements that were mailed to the defendant from July 2008 through July 2009 at her address in Wilton, Connecticut.   These statements show the bulk of transactions involved vendors and institutions in the vicinity of the defendant's residence;  they show an amount outstanding each month in excess of $5,000.00;  they show regular payments by the defendant through December 2008 and partial payments thereafter.

The defendant has filed no opposition to the summary judgment motion.

Based on the facts shown by the plaintiff the court finds the defendant's liability established on an account stated theory to be in the amount of $6,301.29.   See:  General Petroleum Products, Inc. v. Merchants Trust Co., 115 Conn. 50, 56 (1932);  Citibank (South Dakota) v. Manger, 115 Conn.App. 764 (2008);  Credit One, LLC v. Head, 117 Conn.App. 92 (2009).

Judgment is entered in that amount with 6% post-judgment interest allowed.

TAGGART D. ADAMS

SUPERIOR COURT JUDGE

Adams, Taggart D., J.