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U.S. BANK N.A. v. CHAIT

850037/15. Appeal No. 14254. Case No. 2021-00919.

197 A.D.3d 1077 (2021)

154 N.Y.S.3d 62

2021 NY Slip Op 05182

U.S. Bank National Association, as Trustee for CMALT REMIC 2007-A4 PRAA-REMIC Pass-Through Certificates, Series 2007 A4, Respondent, v. Mindy N. Chait, Also Known as Mindy Chait, Appellant, et al., Defendants.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Richland & Falkowski, PLLC, Astoria ( Michal Falkowski of counsel), for appellant.

David A. Gallo & Associates LLP, Manhasset ( Robert Link of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

In his report of amount due upon the subject note and mortgage, the Referee relied on an April 13, 2018 affidavit by a vice president of plaintiff's loan servicer that, according to plaintiff's books and records pertaining to defendant's loan and payment history, defendant had been in default since August 1, 2011, and owed plaintiff the stated amount. However, because the books and records themselves were not submitted, the affidavit is inadmissible hearsay (Deutsche Bank...

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