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BERKSHIRE BANK v. FAWER

850250/17. Appeal No. 12070. Case No. 2019-03270.

187 A.D.3d 535 (2020)

130 N.Y.S.3d 666

2020 NY Slip Op 05806

Berkshire Bank, Successor by Merger to First Choice Bank, Respondent, v. Melissa Fawer et al., Appellants, et al., Defendants.

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

Decided October 15, 2020.

Plaintiff established its standing by attaching the endorsed note to the complaint (Bank of N.Y. Mellon v Knowles, 151 A.D.3d 596 [1st Dept 2017]). With regard to the facts of the default, defendants are correct that counsel's affirmation had no probative value (see Zuckerman v City of New York, 49 N.Y.2d 557, 563 [1980]). Similarly, the affidavit of plaintiff's vice president lacked any...

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