DEUTSCHE BANK NATIONAL TRUST COMPANY v. KIRSCHENBAUM

850141/14. Appeal No. 12100. Case No. 2020-00944.

187 A.D.3d 569 (2020)

130 N.Y.S.3d 676

2020 NY Slip Op 05849

Deutsche Bank National Trust Company, as Trustee for the Holders of New Century Home Equity Loan Trust, Series 2005-A, Asset Backed Pass-Through Certificates, Respondent, v. Joshua Kirschenbaum, Appellant, et al., Defendants.

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

Decided October 20, 2020.


The referee relied on an affidavit sworn to October 2, 2018 by an assistant vice president of plaintiff's loan servicer, who asserted that, according to the books and records of plaintiff pertaining to defendant's loan and payment history, defendant had been in default since March 1, 2009, and owed plaintiff the amount stated. However, because the books and records themselves were not submitted to the court, the affiant's assertions are inadmissible hearsay (Nationstar...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases