Bank of America, National Ass'n v. Brannon
Appellate Division of the Supreme Court of the State of New York
1DissentGesmer, J.
I respectfully dissent in part. In my view, the affidavit that Bank of America (BOA) submitted in support of its motion was deficient and failed to comply with Administrative Order AO/431/11 of the Chief Administrative Judge of the Courts. Nonetheless, I agree with the majority that the motion court should have granted BOA summary judgment on its foreclosure claim, since this is the rare case where a foreclosure plaintiff was able to establish its prima facie case without reference to its own affidavit. Instead, BOA could rely solely on defendant’s answer, in which she admitted the amount she…
2Cases cited13 opinions
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- Citibank, NA v. AbramsAppellate Division of the Supreme Court of the State of New York · 2016
- Deutsche Bank National Trust Co. v. NaughtonAppellate Division of the Supreme Court of the State of New York · 2016
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