YX filed a small claims case against her credit card issuer, Capital One Bank, alleging breach of contract. Apparently, YX was hit with a $100 late fee after she disputed two face-cream purchases from a third-party vendor.
After the Suffolk County District Court dismissed her case, YX appealed. And on its review, the Appellate Term, Second Department, noted that YX failed to provide a copy of the credit card agreement or specify what provisions were purportedly breached. It didn’t help her case that she still had (and used) the creams, and that she hadn’t responded to the bank’s questions about the disputed charges.
Given that record, because the AT2 was of the view “substantial justice” had been done, “according to the rules and principles of substantive law,” the dismissal was left undisturbed.
The decision made YX sound like a cream puff ….
DECISION