On September 30, 2026, the Second Department issued a decision in Banc of Cal., N.A. v. Plumbing Supply Distrib., LLC, 2026 NY Slip Op. 05510, holding that the plaintiff was not entitled to summary judgment in a foreclosure action because it failed adequately to establish nonpayment, explaining:
The Supreme Court should have denied those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendants and for an order of reference on the ground that the plaintiff failed to establish, prima facie, the defendants’ default in payment. Here, in an affidavit of Eric Hernandez, the plaintiff’s vice president, which the plaintiff submitted in support of its motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendants and for an order of reference, Hernandez did not aver that he had personal knowledge of the defendants’ alleged default in payment. To the extent that his knowledge was based on his review of business records, he did not identify what records he relied on and he did not attach them to his affidavit. Thus, the plaintiff failed to submit evidence in admissible form to establish the defendants’ default. Since the plaintiff failed to establish the defendants’ default in payment, it failed to establish its prima facie entitlement to judgment as a matter of law, as well as its entitlement to an order of reference and a judgment of foreclosure and sale.
(Internal citations omitted).