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AS HELIOS LLC v. CHAUHAN

850023/16. 7892. 7891.

167 A.D.3d 492 (2018)

87 N.Y.S.3d 878

2018 NY Slip Op 08565

AS Helios LLC, Respondent, v. Pushpa Chauhan et al., Appellants, et al., Defendants.

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

Decided December 13, 2018.

The borrower raised a meritorious standing defense based on questions as to the sufficiency of the content of the conclusory lost note affidavit, which does not state that a thorough and diligent search was made based on a review of the business records or anything else, does not state that any search was made or by whom, and does nothing to indicate when approximately the note was lost (see US Bank N.A. v Richards,

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