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PLAINTIFF RELIED ON BUSINESS RECORDS WHICH WERE NOT PRODUCED TO DEMONSTRATE STANDING TO BRING THE FORECLOSURE ACTION; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the plaintiff’s proof of standing was insufficient because it was based on business records which were not produced:

[The] assertion that the plaintiff’s predecessor in interest was the holder of the note when it commenced this action is based upon unproduced business records, and is therefore not probative on the issue of the plaintiff’s standing … .Thus, the plaintiff failed to establish, prima facie, that it had standing to commence this action. SK Indus., LLC v Jackson, 2021 NY Slip Op 05601, Second Dept 10-13-21

 

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