JP MORGAN CHASE BANK, N.A. v. SALMON

4812, 380838/11.

154 A.D.3d 603 (2017)

2017 NY Slip Op 07530

62 N.Y.S.3d 361

JP MORGAN CHASE BANK, N.A., Appellant, v. WINSTON SALMON, Respondent, et al., Defendants.

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

Decided October 26, 2017.


Even if the reason that the affidavit submitted by plaintiff's servicing agent was not offered on the original motion was sufficient (see Mattis v Keen, Zhao, 54 A.D.3d 610, 612 [1st Dept 2008]), plaintiff did not establish its prima facie entitlement to judgment as a matter of law since it failed to demonstrate proof of mailing and, therefore, strict compliance with RPAPL 1304 (see Aames Capital Corp. v Ford,

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