The Appellate Division reversed, with costs, the Order which granted plaintiff's motion for summary judgment on its foreclosure complaint, and, upon a search of the record, granted summary judgment, dismissing the complaint, without prejudice. Plaintiff failed to establish prima facie its strict compliance with the notice requirement of RPAPL 1304. The copy of the certified mail receipt it submitted is undated and blank in other parts, and shows the signature of someone other than defendant. The copy of the pre-paid first-class mail envelope has no recipient's name or address on it. Further, the affidavits plaintiff submitted do not demonstrate the loan servicer's employees' familiarity with the mailing practices and procedures of the servicer that had mailed the 90-day notices and the notice of default.
U.S. Bank, N.A. v. Calhoun, NY Slip Op 00398 (1st Dep't January 26, 2021)
