Corroborated Hearsay

U.S. Bank Trust, N.A. v Ellis, 2020 NY Slip Op 01569 [1st Dept 2020]

We agree, however, with defendant that the 2016 notice is not an authenticated business record and, therefore, it is not admissible as presented in the record, leading us to modify Supreme Court’s order by denying plaintiff’s motion for summary judgment. This hearsay document, however, is sufficient to defeat Ellis’s summary judgment motion, because it is sufficiently corroborated by other evidence (see Zupan v Price Chopper Operating Co., Inc., 132 AD3d 1211, 1213 [3d Dept 2015]).

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