Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06103
HSBC Bank USA, N.A. v Mohassib
Read the official decision: 2026 NY Slip Op 06103
Holding The Appellate Division modified the judgment by denying the motion to confirm the referee’s report and for a judgment of foreclosure and sale because the affiant failed to establish a proper foundation for the business records relied upon. The court also granted the intervenor’s application to toll the accrual of interest for specific periods of unexplained delay in the prosecution of the action.
The court’s words
a review of records maintained in the normal course of business does not vest an affiant with personal knowledge
2026 NY Slip Op 06103, at the official text
the mere filing of papers received from other entities, even if they are retained in the regular course of business, is insufficient to qualify the documents as business records
2026 NY Slip Op 06103, at the official text
SLS failed to explain periods of unreasonable delay in prosecuting this action
2026 NY Slip Op 06103, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06103 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06103 |
| 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 | 1368 |
Recommended citation
ESQ HQ, New York Law Watch, HSBC Bank USA, N.A. v Mohassib, 2026 NY Slip Op 06103 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06103/
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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