47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)

Citation: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Parent Document: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-05-28
Original Source: https://www.courtlistener.com/opinion/10594925/47-05-ctr-spe-llc-v-hack/ ↗

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Here, the testimony of Petitioner's witness that the countersigned renewal lease bearing Respondent's Docusigned signature was made and retained in the ordinary course of Petitioner's business, and that it is Petitioner's practice to offer renewal leases for execution via Docusign, which requires the tenant to provide their email address and other identifying information prior to execution, was more than sufficient to admit the parties' last renewal lease as a business record, notwithstanding the witness's unfamiliarity with Respondent's signature or any specific details related to when and how Respondent signed the document. Furthermore, Respondent did not give the court any reason to doubt the reliability of this lease, as he not only failed to raise any such defense in his answer or testify in rebuttal, he admitted to executing the renewal lease in a sworn affidavit in support of his motion for summary judgment (see NYSCEF 21), an opposing party admission that is appropriately considered by this court sua sponte pursuant to CPLR 409(b) ["The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised."] [emphasis added]).

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