WELLS FARGO BANK, N.A. v. SANCHEZ

3380, 104131/11.

148 A.D.3d 482 (2017)

2017 NY Slip Op 01812

48 N.Y.S.3d 578

WELLS FARGO BANK, N.A., Respondent, v. GEORGE L. SANCHEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2017.


The motion court correctly found the affidavit submitted in support of plaintiff's motion sufficient for prima facie entitlement to judgment as a matter of law. Contrary to defendant's contention, it was not necessary for the affiant to possess first-hand knowledge of the mechanics of the shortfall requirement in the parties' short sale agreement, as her affidavit was not submitted to explain the transaction. The motion court correctly found the short sale agreement unambiguous...

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