Justice Howard H. Heckman Jr
Citimortgage sought an order granting summary judgment striking defendants’ answer, among other things, in this action to foreclose a mortgage. Defendants claimed RPAPL §1304 90-day default notices mailed by the mortgage lender were defective, arguing absent strict compliance with the statute the notices were invalid and dismissal was warranted. Plaintiff’s submissions provided that all notices required to be served under §1304 were properly served, and proof submitted provided sufficient evidence consistent with the business records exception to the hearsay rule. Defendants merely raised issues concerning if §1304 90-day notices mailed contained inaccurate information, among other things. Based on plaintiff’s submissions, the court found it provided an admissible evidentiary foundation satisfying the business records exception to the hearsay rule. It ruled plaintiff’s evidence established a prima facie showing of compliance with statutory requirements, and showed defendants did not dispute that they defaulted under the terms of the mortgage by failing to make timely monthly mortgage payments since July 2011. As defendants failed to raise issues of fact, plaintiff’s motion for summary judgment was granted, and defendants’ answer was struck.