HSBC Mtge. Corp. (USA) v Gewirtz

Holding The Appellate Division affirmed the lower court’s grant of summary judgment to the plaintiff, finding that the plaintiff established its prima facie entitlement to judgment by producing the note, mortgage, and admissible business records of default. The court also affirmed the striking of the defendant’s affirmative defense of lack of standing, as the plaintiff was the original lender in direct privity with the defendant.

The court’s words

the last payment received from the Borrower was the monthly payment due on August 1, 2008

2026 NY Slip Op 06286, at the official text

the business record exception to the hearsay rule applies to a writing or record

2026 NY Slip Op 06286, 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 06286, at the official text

the plaintiff established standing as the original lender in direct privity with the defendant

2026 NY Slip Op 06286, at the official text