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U.S. BANK, N.A. v. CALHOUN

Index No. 380951/12. Appeal No. 12956. Case No. 2020-00064.

190 A.D.3d 625 (2021)

136 N.Y.S.3d 729

2021 NY Slip Op 00398

U.S. Bank, N.A., Respondent, v. William Calhoun, Appellant, et al., Defendants.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Aaron G. Baily , Hawthorne, for appellant.

J. Robbin Law PLLC, Armonk ( Jacquelyn A. DiCicco of counsel), for respondent.

Concur— Gische, J.P., Kern, Moulton, Shulman, JJ.

Plaintiff failed to establish prima facie its strict compliance with RPAPL 1304 (see HSBC Bank USA v Rice, 155 A.D.3d 443 [1st Dept 2017]). The copy of the certified mail receipt it submitted is undated and blank in other parts, and shows the signature of someone other than defendant. The copy of the pre-paid first-class mail envelope has no recipient's name or address on it. Further,...

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