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CitiMORTGAGE, INC. v. MORAN

810292/11. 7841. 7840.

167 A.D.3d 461 (2018)

90 N.Y.S.3d 29

2018 NY Slip Op 08435

CitiMortgage, Inc., Respondent, v. Trevor Moran, Appellant, et al., Defendants.

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

Decided December 11, 2018.

Plaintiff failed to establish a presumption that it properly served defendant with RPAPL 1304 notice through proof either of actual mailing or of a standard office practice or procedure for proper addressing and mailing (see American Tr. Ins. Co. v Lucas, 111 A.D.3d 423, 424 [1st Dept 2013]). Its business operations analyst testified at the hearing on this issue that she was familiar with plaintiff's record keeping practices and...

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