Citibank, N.A. v. Solow

The court properly relied on the affidavit of plaintiffs executive who was personally involved in enforcing defendant’s obligations. The affidavit was not hearsay, because it was not submitted to show that the value of defendant’s collateral had fallen below the required amount, but, rather, that the method employed in determining the shortfall was reasonable, as required by the governing documents. Defendant did not support his claim that the value of the collateral was determined in had faith (see generally Dalton v Educational Testing Serv., 87 NY2d 384, 388-389 [1995]). It did not evince…