Synchrony Bank v. Anwar

2026 NY Slip Op 50052(U)
CourtNew York Supreme Court, Kings County
DecidedJanuary 19, 2026
DocketIndex No. 533472/2024
StatusUnpublished
AuthorAaron D. Maslow

This text of 2026 NY Slip Op 50052(U) (Synchrony Bank v. Anwar) is published on Counsel Stack Legal Research, covering New York Supreme Court, Kings County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Synchrony Bank v. Anwar, 2026 NY Slip Op 50052(U) (N.Y. Super. Ct. 2026).

Opinion

Synchrony Bank v Anwar (2026 NY Slip Op 50052(U)) [*1]
Synchrony Bank v Anwar
2026 NY Slip Op 50052(U)
Decided on January 19, 2026
Supreme Court, Kings County
Maslow, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 19, 2026
Supreme Court, Kings County


Synchrony Bank, Plaintiff,

against

Zohra Anwar, Defendant.




Index No. 533472/2024

Selip & Stylianou, LLP, Woodbury (Kenneth J. DeCota of counsel) for plaintiff.

Zohra Anwar, defendant pro se.
Aaron D. Maslow, J.

The following papers efiled on NYSCEF were used on these motions: Doc Nos. 11-25. Additionally, Defendant's notice of cross-motion, affirmation, and attached exhibits, filed in original hardcopy, were also used on these motions.

Upon the foregoing papers, having heard oral argument [FN1] , and due deliberation having been had, the within motions are determined as follows.

Background

This is an action to collect on a credit card debt. Plaintiff Synchrony Bank alleged that Defendant Zohra Anwar contracted for a revolving credit account, which Defendant denied. Plaintiff moved for summary judgment on the complaint (Mot. Seq. 1). Defendant cross-moved to deny Plaintiff's motion, and to dismiss the complaint for lack of personal jurisdiction or direct a traverse hearing on service of the complaint (Mot, Seq. 2).

In moving for summary judgment, Plaintiff relied on the affirmation of Nikki Penarandabollozos, an employee and media representative, and annexed exhibits to establish that Defendant owed $2,042.11 on the subject credit card account. The annexed exhibits included what are alleged to be the credit card agreement and monthly account statements.

Defendant disputed the substituted service reflected in the process server's affirmation. Process server Imaren Obanor affirmed in his affirmation of service that on January 17, 2025, at 6:50 p.m., at Defendant's apartment 20N in a Brooklyn address, he served the summons and complaint on Defendant by delivering the papers to Hamza Ahmed, who identified himself as a co-resident. Mr. Ahmed was described as being a black-haired Asian male who was 35-45 years of age, 5'6"-5'8" tall, and weighing 180-200 lbs. The process server then mailed the papers to Defendant, which she acknowledged as receiving.

Defendant asserted, "I reside alone, I do not know anyone by the name of Hamza Ahmed, and no one matching the description of the person served would have been at my home, nor would anyone have described themselves as my co-resident" (Anwar aff ¶ 6). Defendant also asserted that initially in an answer she claimed, "I did not receive a copy of the Summons and Complaint; I have paid all or part of the alleged debt; I dispute the amount of the debt. . ." (id. ¶ 9). In an amended answer, she claimed, "I received the Summons and Complaint, but service was not correct as required by law; It is not my debt, I am a victim of identity theft or mistaken identity; I have paid all or part of the alleged debt; I dispute the amount of the debt; I had not business dealings with Plaintiff. . ." (id. ¶11). Defendant disputed the admissibility of the documentation submitted by Plaintiff. She claimed that there were material issues of fact and the discovery had not taken place.[FN2]



Discussion

In her affirmation, Ms. Penarandabollozos attested to having personal knowledge of the procedures for creating and maintaining Plaintiff's business records, which were made in the regular course of business. It was the regular course of the business to make the records, which were made at or near the time of the events recorded. Defendant was issued a PayPal credit card with a designated account number, on July 6, 2015. As provided in the credit card agreement, Defendant agreed to pay for all goods, services, and cash advances provided pursuant to the agreement. The amount of the last payment was $43.00, on March 20, 2024. Defendant was [*2]now in default and demand for payment was made. Defendant owed $2,042.11.

The Court finds that "The plaintiff made a prima facie showing of its entitlement to judgment as a matter of law on its cause of action to recover damages for breach of contract by tendering sufficient evidence that there was an agreement, which the defendant accepted by [her] use of a certain credit card issued by the plaintiff and payments made thereon, and which was breached by the defendant when [she] failed to make the required payments (see Citibank [S.D.], N.A. v Brown-Serulovic, 97 AD3d 522, 523-524 [2012]; Citibank [S.D.] N.A. v Sablic, 55 AD3d 651, 652 [2008]; Feder v Fortunoff, Inc., 114 AD2d 399, 399 [1985])" (Citibank [South Dakota], N.A. v Keskin, 121 AD3d 635, 636 [2d Dept 2014]). The affirmation of Ms. Penarandabollozos did lay a sufficient foundation for the admission of Plaintiff's business records (see Bank of NY Mellon v Gordon, 171 AD3d 197 [2d Dept 2019]). Defendant failed to raise a triable issue of fact in opposition (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Frankly, Defendant's position is internally inconsistent. On the one hand, she claims that she paid all or part of the alleged debt yet on the other hand she asserts that it is not her debt and that she had no business dealings with Plaintiff. It is noted that Defendant did not file any report of improper use of her credit card with anyone. The address on the account statements was her address — the same one where the process server attested to have served the summons and complaint upon Hamza Ahmed.

As regards Defendant's assertion of lack of personal jurisdiction, in a decision on point, the Appellate Division held as follows:

CPLR 308 (2) provides, in pertinent part, that personal service upon a natural person may be made "by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by . . . mailing the summons to the person to be served at his or her last known residence." "Valid service pursuant to CPLR 308 (2) may be made by delivery of the summons and complaint to a person of suitable age and discretion who answers the door at a defendant's residence, but is not a resident of the subject property" (Bank of NY v Espejo, 92 AD3d 707, 708 [2012]).
A process server's affidavit of service constitutes prima facie evidence of proper service (see Summitbridge Credit Invs., LLC v Wallace, 128 AD3d 676 [2015]; JPMorgan Chase Bank, N.A. v Todd, 125 AD3d 933 [2015]). "Although a defendant's sworn denial of receipt of service generally rebuts the presumption of proper service established by a process server's affidavit and necessitates an evidentiary hearing, no hearing is required where the defendant fails to swear to specific facts to rebut the statements in the process server's affidavits" (Deutsche Bank Natl. Trust Co. v Quinones, 114 AD3d 719, 719 [2014]; see Bank of NY v Samuels, 107 AD3d 653 [2013]).

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Bluebook (online)
2026 NY Slip Op 50052(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/synchrony-bank-v-anwar-nysupctkings-2026.