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FIRST DEPOSIT NATIONAL BANK v. VAN ALLEN

277 A.D.2d 858 (2000)

716 N.Y.S.2d 815

FIRST DEPOSIT NATIONAL BANK, Respondent, v. PAMELA J. VAN ALLEN, Defendant. ANDREW F. CAPOCCIA LAW CENTERS, L. L. C., Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 28, 2000.

Mercure, J.

In this action to recover an unpaid credit card balance of $6,635.55, plaintiff asserts causes of action for breach of the credit card agreement, on an account stated and for counsel fees as provided in the underlying agreement. Defendant, represented by Andrew F. Capoccia Law Centers, L. L. C. (hereinafter Capoccia), served an answer that generally denied the allegations of the complaint and asserted as affirmative...

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