Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff Citibank (South Dakota) N.A. (hereinafter Citibank) commenced this action to recover damages for breach of contract and on an account stated against the defendant Zvonimir Sablic (hereinafter Sablic) to recover an unpaid credit card balance in the amount of $33,724.84. In his answer, Sablic asserted one affirmative defense based on the allegation that he had enrolled in a credit...
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