In moving for summary judgment in an action to foreclose a mortgage, the plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default. The plaintiff has the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law. The plaintiff can establish a default by submitting an affidavit from a person having personal knowledge of the facts or other evidence in admissible form. The business record exception to the hearsay rule applies to a writing or record, pursuant to CPLR 4518[a], and it is the business record itself, not the foundational affidavit, that serves as proof of the matter asserted. Without the introduction of the records themselves, a witness's testimony as to the contents of the records is inadmissible hearsay.
Deutsche Bank Natl. Trust Co. v. Pirozzi, NY Slip Op 04304 (2d Dep't August 28, 2024)
