CITIBANK, N. A. v. JOFFE


265 A.D.2d 291 (1999)

696 N.Y.S.2d 190

CITIBANK, N. A., Respondent, v. JOSHUA JOFFE et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 4, 1999.


Ordered that the order is reversed, with costs, and the plaintiff's motion is denied.

In support of its motion for summary judgment, the plaintiff Citibank, N. A. (hereinafter Citibank) relied upon an affirmation of its outside counsel, the complaint verified by the same counsel, and an affidavit of an employee of its mortgage servicing company. The affidavit by the employee did not state that the appellants had defaulted upon their obligations under the note and...

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