You are here: / / CALCULATONS RELIED UPON BY THE REFEREE WERE BASED ON UNIDENTIFIED AND UNPRODUCED...
,

CALCULATONS RELIED UPON BY THE REFEREE WERE BASED ON UNIDENTIFIED AND UNPRODUCED BUSINESS RECORDS RENDERING THE CALCULATIONS HEARSAY; THE REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the referee’s report relied on calculations based on unidentified and unproduced business records, rendering the calculations hearsay. Therefore, the reports should not have been confirmed:

… [T]he referee’s findings with respect to the amount due to the plaintiff were based upon unidentified and unproduced business records … . Since the computations of the loan servicer’s employee as to the amounts due to the plaintiff were based on unidentified and unproduced business records, the employee’s assertions in those regards constituted inadmissible hearsay and lacked probative value … . TLOA Mtge., LLC v 109-08 N. Blvd, LLC, 2025 NY Slip Op 04804, Second Dept 8-27-25

Practice Point: Any calculations relied upon in a referee’s report, even if done by a third party, must be supported by attached business records. Without the records, the calculations are hearsay.

 

You might also like
WHETHER THE VILLAGE POLICE WERE ENTITLED TO ADDITIONAL COMPENSATION FOR WORK DURING THE EARLY DAYS OF THE COVID-19 PANDEMIC IS ARBITRABLE (SECOND DEPT). ​
Failure to Pay Wages In Violation of Labor Law 191 (1)(a) is a Class A Misdemeanor—Therefore Defendant Was Properly Sentenced to a Period of Incarceration Followed by a Period of Probation—The Statute Authorizes Incarceration or a Fine—Because the Defendant Was Incarcerated, the Fine Must Be Vacated
THE DRIVER OF THE FIRE ENGINE RESPONDING TO AN EMERGENCY STRUCK PLAINTIFF’S STOPPED CAR WHILE MAKING A RIGHT TURN FROM A LANE TO THE LEFT OF PLAINTIFF; IT WAS NOT DEMONSTRATED THE FIRE-ENGINE DRIVER ACTED IN RECKLESS DISREGARD FOR THE SAFETY OF OTHERS (SECOND DEPT).
AN ARTICLE 78 PROCEEDING IS THE PROPER VEHICLE FOR A STUDENT TO ADDRESS DISMISSAL FROM A PRIVATE COLLEGE, BRINGING A BREACH OF CONTRACT ACTION AFTER THE FOUR-MONTH STATUTE OF LIMITATIONS FOR AN ARTICLE 78 HAS PASSED WILL NOT WORK (SECOND DEPT).
Question of Fact About Whether Plaintiff Had Standing to Bring Foreclosure Proceeding
Invoices Together with Purchase Orders Created an Agreement to a Reduced Sales-Contract Statute of Limitations
HERE THE FORECLOSURE ABUSE PREVENTION ACT (CPLR 213(4)) ESTOPPED PLAINTIFF FROM ARGUING THE DEBT HAD NOT BEEN ACCELERATED ON A GROUND NOT RAISED AND ADJUDICATED PRIOR TO THE EXPIRATION OF THE STATUTE OF LIMITATIONS (SECOND DEPT).
THE ESTATE OF A JOINT TENANT WAS NOT A NECESSARY PARTY IN THE FORECLOSURE ACTION BECAUSE THE INTEREST IN THE PROPERTY PASSED UPON DEATH, THE ESTATE’S MOTION TO INTERVENE PROPERLY DENIED (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

ALTHOUGH DEFENDANT DEMONSTRATED THE POST ON LINKEDIN MET THE CRITERIA FOR THE... THE FORECLOSURE ABUSE PREVENTION ACT (FAPA) REPRESENTS A CHANGE IN THE LAW WHICH...