Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05510
Banc of California, N.A. v Plumbing Supply Distribution, LLC
Read the official decision: 2026 NY Slip Op 05510
Holding The Appellate Division reversed the order and judgment of foreclosure and sale because the plaintiff failed to establish a prima facie entitlement to judgment. The court found that the plaintiff’s affidavit did not contain personal knowledge of the default and failed to attach the underlying business records, rendering the evidence inadmissible hearsay.
The court’s words
the plaintiff failed to establish, prima facie, the defendants' default in payment
2026 NY Slip Op 05510, at the official text
Hernandez did not aver that he had personal knowledge of the defendants' alleged default in payment
2026 NY Slip Op 05510, at the official text
he did not identify what records he relied on and he did not attach them to his affidavit
2026 NY Slip Op 05510, at the official text
a witness's testimony as to the contents of the records is inadmissible hearsay
2026 NY Slip Op 05510, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05510 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05510 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 685 |
Recommended citation
ESQ HQ, New York Law Watch, Banc of California, N.A. v Plumbing Supply Distribution, LLC, 2026 NY Slip Op 05510 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05510/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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