On October 1, 2025, the Second Department issued a decision in Citimortgage, Inc. v. Rooney, 2025 NY Slip Op. 05214, holding that the failure to authenticate business records barred recovery in a foreclosure action . . . Continue reading Failure to Authenticate Business Records Leads to Failure to Recover in Foreclosure Action
On September 15, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sky Delray, LLC v. Kirzner, 2025 NY Slip Op. 51453(U), denying summary judgment on a promissory note for failure to authenticate the note . . . Continue reading Summary Judgment Denied for Failure to Authenticate Promissory Note
On September 10, 2025, the Second Department issued a decision in Bank of Am., N.A. v. Barnett, 2025 NY Slip Op. 04861, holding that summary judgment on a foreclosure action was denied because the servicer’s supporting affidavit failure to establish a foundation for the facts it contained . . . Continue reading Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained
On July 30, 2025, the Second Department issued a decision in National City Mtge. Co. v. Wercberger, 2025 NY Slip Op. 04488, holding that an affidavit authenticating the business records of an acquired company must refer to the record-keeping practices of the acquired company, not the acquiror . . . Continue reading Affidavit Authenticating Business Records of an Acquired Company Must Refer to Record-Keeping Practices of Acquired Company, Not Acquirer
On May 13, 2025, the First Department issued a decision in South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Min. Co., Ltd., 2025 NY Slip Op. 02892, holding that questions of foreign law can be decided on a motion to dismiss . . . Continue reading Questions of Foreign Law Can Be Decided on a Motion to Dismiss
On April 9, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Winnie Realty Group, LLC, 2025 NY Slip Op. 02097, rejecting a referee’s report because it was based on an insufficient supporting affidavit . . . Continue reading Referee’s Report Based on Faulty Affidavit Rejected
On March 31, 2025, Justice Reed of the New York County Commercial Division issued a decision in 470 4th Ave. Fee Owner, LLC v. Adam Am. LLC, 2025 NY Slip Op. 50396(U), declining to consider an attorney affirmation as evidence . . . Continue reading Court Declines to Consider Attorney Affirmation as Evidence
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 . . . Continue reading Affidavit Describing the Contents of Business Records But Not Attaching Them Inadmissible Hearsay
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bates Holdings II LLC v. ZB Prospect Realty, LLC, 2024 NY Slip Op. 34366(U), holding that the absence of evidence of payment in business records is sufficient evidence of non-payment . . . Continue reading Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment
On November 26, 2024, the First Department issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2024 NY Slip Op. 05895, holding that a plaintiff was entitled to judgment based on tax estoppel . . . Continue reading Plaintiff Entitled to Judgment Based on Tax Estoppel
