HSBC BANK USA v. EZUGWU

5046, 381068/13.

155 A.D.3d 546 (2017)

64 N.Y.S.3d 539

2017 NY Slip Op 08315

HSBC BANK USA, Respondent, v. ANTHONY EZUGWU, Appellant, et al., Defendants.

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

Decided November 28, 2017.


Plaintiff established prima facie that it complied with the notice terms of the subject mortgage by submitting an affidavit of plaintiff's officer, who personally reviewed the records related to defendant's loan, and averred that these records were made contemporaneously and in the regular course of business. They were thus properly relied upon as evidence (see CPLR 4518 [a]; People v Cratsley, 86 N.Y.2d 81, 89 [1995]). The...

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