Citibank (South Dakota), N.A. v Abraham, 2016 NY Slip Op 03133 (2d Dept. 2016)
The usual credit card non-payment case is straightforward. This one is not, and could give us attorneys that defend credit card defendants some wiggle room.
This is the case where the credit card issuer lowers the credit limit, the client does not adjust his minimum payment due and the promotional rate moves northward to 29.99%. The Court found the breach of contract absent the cardholder agreement not to be proved.
The account statement was not granted due to the failure to show an absence of protest. The court also found that a minimal payment in relation to the minimum due on account did not express an assent. This is an interesting case.
