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U.S. BANK N.A. v. BEYMER

Index No. 850260/18. Appeal No. 12790. Case No. 2020-02981.

190 A.D.3d 445 (2021)

135 N.Y.S.3d 643

2021 NY Slip Op 00048

U.S. Bank National Association, Respondent, v. John M. Beymer, Also Known as John Beymer, et al., Appellants, et al., Defendants.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Sanders Gutman & Brodie, P.C., Hartsdale ( Jordan Brodie of counsel), for appellants.

Parker Ibrahim & Berg LLP, New York ( Brian A. Turetsky of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

Plaintiff established prima facie that it was entitled to foreclose on the mortgage. It attached the indorsed note, mortgage, assignment of mortgage and proof of the default through the affidavit of a mortgage loan servicer employee with personal knowledge (see Bank of N.Y. Mellon v Knowles, 151 A.D.3d 596 [1st Dept 2017]; see also Aurora Loan Servs., LLC v Taylor, 25 N.Y.3d 355, 361 [2015...

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