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 September 2007 through August 2009 at what appears to be her business address in Wilton, Connecticut.   The defendant resides in Wilton.   These statements show an opening balance due of $10,938.16;  they show an amount outstanding each month close to, or over, $10,000.00;  they show semi-regular payments by the defendant though July 2009;  they show a balance due when the account was closed of $9,658.83.

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 $9,658.83.   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, plus costs, with 6% postjudgment interest allowed.

TAGGART D. ADAMS

SUPERIOR COURT JUDGE

Adams, Taggart D., J.