An affiant's assertion, without the business records upon which he relied in making the assertion, constitutes inadmissible hearsay. Here, the plaintiff acknowledges that it did not produce the business records regarding the defendant's payment history until it moved for a judgment of foreclosure and sale. Thus, the plaintiff's motion for summary judgment was supported only by an affiant's bare assertion that the defendant was in default. This was inadmissible hearsay.
Bank of N.Y. Mellon v. Giammona, NY Slip Op 04099 (2d Dep't August 2, 2023)
