Handler v. HSBC Mortgage Corp.

KINGS COUNTY
Civil Practice

New York Law Journal

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Justice Francois Rivera

Handler moved for a default judgment against HSBC Mortgage Corp. in this action containing 15 allegations in support of one cause of action denominated as "predatory loan-duress." Handler's process servers claimed to have personally delivered, and subsequently mailed the summons and complaint to a person authorized to accept service for HSBC. The court noted the affidavits of the process servers demonstrated prima facie proof of service on the corporate defendant. HSBC failed to appear or answer the complaint. Handler submitted his own affidavit affirming its contents, but with no jurat below his signature. The court ruled Handler failed to offer an explanation for attempting to use an affirmation in lieu of an affidavit. It also found Handler's affirmation was not made before a notary public, or other authorized official, concluding it was an unsworn statement having no probative value. Therefore, as Handler failed to offer an affidavit or other admissible proof of facts constituting his claim, the motion for a default judgment was denied.

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