Justice F. Dana Winslow
Arrowood Indemnity moved for a default judgment by e-filing under CPLR 3215 in this action to collect amounts allegedly due from defendants on a student loan agreement. Defendants entered into loan agreements with Citibank and Arrowood alleged that the ownership of the loan and promissory notes were transferred to it from Citibank. Arrowood argued defendants defaulted in payment. The court, however, found multiple deficiencies in plaintiff’s application precluding the granting of the relief sought, and warranting dismissal of the action. The court first noted plaintiff’s counsel failed to appear, as required, pursuant to a court order. Additionally, the court also questioned plaintiff’s capacity to sue noting there was no indication plaintiff was the current owner of the loan. The court noted the statement in the verified complaint that ownership of the loan was transferred to plaintiff was insufficient to serve as proof of same. Further, the court also stated it was not satisfied as to the proof of the amounts due. Finally, the court noted it was concerned about service of process in the matter, stating that while the application was e-filed, plaintiff must still demonstrate compliance with the CPLR.
