You are here: / / THE REFEREE’S REPORT WAS BASED UPON BUSINESS RECORDS WHICH WERE NOT...
,

THE REFEREE’S REPORT WAS BASED UPON BUSINESS RECORDS WHICH WERE NOT PRODUCED; PROOF OF DEFENDANT’S DEFAULT WAS BASED UPON BUSINESS RECORDS FOR WHICH NO FOUNDATION WAS LAID; THE MOTION TO CONFIRM THE REFEREE’S REPORT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the referee’s report in this foreclosure action should not have been confirmed because the report was based upon business records which were not produced. In addition defendant’s default was based upon records for which no foundation was laid:

“The report of a referee should be confirmed whenever the findings are substantially supported by the record, and the record has clearly defined the issues and resolved matters of credibility” … . “However, computations based on the review of unidentified and unproduced business records . . . constitute[ ] inadmissible hearsay and lack[ ] probative value” … .

Here, the referee’s report was improperly premised upon unproduced business records.

… [P]laintiff’s submissions reflected that Chase was not the loan servicer at the time of the default, which allegedly occurred in 2008. Since Chase’s employee, Brunton, did not state that the records of any other relevant entity, such as a prior loan servicer or the plaintiff, were provided to Chase and incorporated into Chase’s own records, that Chase routinely relied upon such records in its business, or that he had personal knowledge of the business practices and procedures of any other relevant entity, Brunton failed to lay a proper foundation for the admission of any records reflecting the defendant’s alleged default in 2008 … . Citimortgage, Inc. v Hassanin, 2025 NY Slip Op 05935, Second Dept 10-29-25

Practice Point: Consult this decision for insight into the proof necessary to confirm a referee’s report in a foreclosure action, as well as the necessary foundation for business records created by a prior loan servicer.

 

You might also like
Unjust Enrichment Does Not Require a Wrongful Act by the One Enriched
THE JUDGE ENGAGED IN EXCESSIVE AND PREJUDICIAL QUESTIONING OF TRIAL WITNESSES DEPRIVING DEFENDANT OF A FAIR TRIAL; THE “ERROR” WAS NOT PRESERVED; THE COURT EXERCISED ITS “INTEREST OF JUSTICE” JURISDICTION TO CONSIDER THE ISSUE AND REVERSE (SECOND DEPT).
JUVENILE DELINQUENCY PETITION JURISDICTIONALLY DEFECTIVE, PETITION ALLEGING UNLAWFUL POSSESSION OF A WEAPON DISMISSED (SECOND DEPT).
THE COMPUTATIONS IN THE REFEREE’S REPORT IN THIS FORECLOSURE ACTION WERE BASED UPON BUSINESS RECORDS WHICH WERE NOT PRODUCED; THE REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).
OFF DUTY POLICE OFFICER WAS NOT ACTING UNDER COLOR OF LAW WHEN HIS WEAPON DISCHARGED AND KILLED PLAINTIFF’S DECEDENT, 42 USC 1983 CAUSE OF ACTION AGAINST MUNICIPALITY PROPERLY DISMISSED (SECOND DEPT).
Child Not Yet Born When Father Neglected Siblings Was Properly Found to Be Derivatively Neglected
Criteria for Liability for Lead Paint Exposure Described
DESPITE FAILURE TO DISCLOSE EXPERT, AFFIDAVIT FROM EXPERT PROPERLY CONSIDERED IN SUPPORT OF DEFENDANTS’ SUMMARY JUDGMENT MOTION IN THIS SLIP AND FALL CASE, DEFECT FOUND TO BE TRIVIAL AS A MATTER OF LAW (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE PROCESS SERVER KNEW WHERE DEFENDANT LIVED AND WORKED AND MADE SEVERAL UNSUCCESSFUL... THE WAS NO PROOF DEFENDANT VOLUNTARILY WAIVED HIS RIGHT TO BE PRESENT AT THE...