Wells Fargo Bank, N.A. v. Salazar

2 Citing cases

  1. Fargo v. Weisz

    2022 N.Y. Slip Op. 34526 (N.Y. Sup. Ct. 2022)

    The business records upon which Berryman based her assertion that Defendant defaulted were not appended to her affidavit. As such, Plaintiff failed to prove its prima facie case (Wells Fargo Bank, National Association v. Salazar, 177 A.D.3d 819, 821 [2d Dept 2019]). Defendant's abandoned affirmative defenses (first-third, fifth-thirteenth, fifteenth-seventeenth) are stricken, however (114 Woodbury Realty, LLC v. 10 Bethpage Rd, LLC, 178 A.D.3d 757, 761 [2d Dept 2019]).

  2. Beneficial Homeowner Serv. v. Hagans

    2020 N.Y. Slip Op. 33170 (N.Y. Sup. Ct. 2020)

    The affidavit of the employee of the servicer for the proposed substitute plaintiff is insufficient to establish defendant's default in payment. Again, although this affiant establishes her ability to testify to her employer's business records pursuant to CPLR 4518 (a), she fails to provide copies of the business records she relies upon to draw her conclusions, therefore her statements lack probative value and failed to establish plaintiff's prima facie proof necessary to grant foreclosure (see Bank of New York Mellon v Gordon, 171 AD3d 197; Federal Natl. Mtge. Assoc. v Bronfman, 173 AD3d 1139 [2d Dept 2019]; HSBS Bank, USA v Bazigos, 175 AD3d 1506 [2d Dept 2019]; US Bank, NA v Kochhar, 176 AD3d 1010 [2d Dept 2019]; Wells Fargo Bank, N.A. v Salazar, 177 AD3d 819 [2d Dept 2019]). Accordingly, even if the court had considered plaintiff's motion pursuant to CPLR 3212, the motion would have been denied.