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Affidavits by Creditors

Posted: Mon Sep 29, 2014 10:28 pm
by Administrator
CACH LLC v. Cummings
NEW YORK COUNTY
Creditors' and Debtors' Rights
December 09, 2008
Judge Bluth

http://www.nycourts.law.com/CourtDocume ... cID=106188

PLAINTIFF MOVED for summary judgment alleging it was an assignee of a debt defendant owed to Chase Bank. Defendant argued an affidavit, submitted by plaintiff was insufficient as it was notarized in Maryland, but did not contain a certificate of conformity. Also, the affidavit was substantively insufficient as the affiant, Burgener, merely stated she was authorized to make the affidavit on behalf of Chase. The court agreed, noting it "simply was not good enough," stating it did not know Burgener's relationship to Chase, or how she knew the facts to which she was swearing. It noted that from the statement submitted it had no indication the information was at all reliable, even if Burgener believed it was. The court stated in order to grant summary judgment based on the proof presented, it would have to speculate as plaintiff failed to sustain its burden of making a prima facie showing of entitlement to judgment through admissible evidence. As such, it denied the motion.