MATTER OF O'FARREL v. CALIBER HOME LOANS

850196/16. Appeal No. 12494. Case No. 2020-02782.

189 A.D.3d 413 (2020)

132 N.Y.S.3d 769

2020 NY Slip Op 07140

In the Matter of Karl O'Farrel, Respondent, v. Caliber Home Loans et al., Appellants, et al., Respondents.

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

Decided December 1, 2020.


Attorney(s) appearing for the Case

Fein, Such & Crane LLP, Westbury ( Michael S. Hanusek of counsel), for appellants.

Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for respondents.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.


Respondents failed to establish prima facie that they sent to petitioner, 90 days prior to the sale of his cooperative shares held as collateral, the additional pre-disposition notice required by UCC 9-611(f) that he was in danger of losing his home. Their supporting affidavit failed to demonstrate the affiant's familiarity with their mailing practices and procedures and do not provide a foundation for a business records exception to hearsay evidence (CPLR 4518; see e...

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