On February 13, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Petrez, 2025 NY Slip Op. 00896, holding that an affidavit describing the contents of business records but not attaching them was inadmissible hearsay, explaining:
Here, the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law on the complaint insofar as asserted against the defendant. In support of its motion, the plaintiff relied upon two affidavits, purportedly of employees of its loan servicer, to establish that the satisfaction of mortgage had been erroneously issued. Those affiants averred, among other things, that they were familiar with the business records of the loan servicer for the purpose of servicing mortgage loans and had examined various records related to the subject mortgage loan. Based on their review, the affiants attested, inter alia, that the defendant had not paid the amount due on the note and had in fact defaulted on his mortgage payments and remained in default. However, the business records were not submitted with the affidavits, and therefore, the affiants’ attestations as to the contents of the records were inadmissable hearsay. Thus, the plaintiff failed to establish, prima facie, that the mortgage had not been satisfied, that the balance due under the loan remained outstanding, and that the satisfaction of the mortgage was erroneously issued.
(Internal citations omitted).