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, explaining:
In computing the amount due, the referee relied upon an affidavit of merit from an authorized signer of PNC Bank, National Association (hereinafter PNC). Although the referee stated in his report that PNC was the plaintiff’s servicer, the documents in the record indicate that the plaintiff and PNC merged into one entity. Although the authorized signer stated in her affidavit that she was personally familiar with the record-keeping practices and procedures of PNC, her employer, she did not state that she was personally familiar with the record-keeping practices and procedures of the plaintiff or that the records of any other entity, such as the plaintiff or a prior loan servicer, were provided to PNC and incorporated into PNC’s own records, that PNC routinely relied upon such records in its business, or that she had personal knowledge of business practices and procedures of any other relevant entity. Consequently, the affidavit did not provide a proper foundation for the business records allegedly submitted with the affidavit.
(Internal quotations and citations omitted).