A good third party vendor can prove mailingFebruary 18, 2022

Bank of Am., N.A. v Bloom, 2022 NY Slip Op 00839 (2d Dept. 2022)

“In order to demonstrate compliance with RPAPL 1304, a plaintiff must provide proof of the actual mailing of the notice required by the statute, or proof of a standard office mailing procedure, sworn to by someone with personal knowledge of the procedure (see Federal Natl. Mtge. Assn. v Davis, 180 AD3d 1004, 1005; Citibank, N.A. v Conti-Scheurer, 172 AD3d 17, 21). Here, the plaintiff established a certified mailing of the notice by submitting a copy of the notice containing a 20-digit United States Postal Service (hereinafter USPS) tracking number, along with a copy of a certified mail return receipt, indicating that the notice was received by the defendant on December 29, 2009. Moreover, the plaintiff established a mailing of the notice by first-class mail by submitting a copy of the notice with a 10-digit USPS tracking number, along with a “TrackRight” report generated by Walz Group, LLC (hereinafter Walz), the entity that mailed the notices on behalf of the plaintiff, which indicated that the notice was mailed by first-class mail. Contrary to the Supreme Court’s determination and the defendant’s contention, the plaintiff laid a proper foundation for the admission of the TrackRight report, evidencing a first-class mailing, through Chromiak’s testimony that he was familiar with the mailing practices and procedures of Walz (cf. U.S. Bank, N.A. v Onuogu, 188 AD3d 756, 757).”