The opinion
Citimortgage, Inc. v Sriram
2026 NY Slip Op 30758(U)
February 19, 2026
Supreme Court, New York County
Docket Number: Index No. 850041/2025
Judge: Francis A. Kahn III
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.8500412025.NEW_YORK.001.LBLX000_TO.html[03/11/2026 3:45:55 PM]
!FILED: NEW YORK COUNTY CLERK 02/26/2026 04:38 PM! INDEX NO. 850041/2025
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 02/26/2026
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. FRANCIS A. KAHN, 111 PART 32
Justice
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INDEX NO. 850041/2025
CITIMORTGAGE, INC.,
MOTION DATE
Plaintiff,
MOTION SEQ. NO. 001
- V -
SAVITRI SRIRAM, BOARD OF MANAGERS OF THE 1400
FIFTH AVENUE CONDOMINIUM, JOHN DOE #1
THROUGH JOHN DOE #12, THE LAST TWELVE NAMES
BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF, THE
DECISION + ORDER ON
PERSONS OR PARTIES INTENDED BEING THE
TENANTS, OCCUPANTS, PERSONS OR MOTION
CORPORATIONS, IF ANY, HAVING OR CLAIMING AN
INTEREST IN OR LIEN UPON THE PREMISES
Defendant.
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The following e-filed documents, listed by NYSCEF document number (Motion 001) 19, 20, 21, 22, 23,
24, 25,26,27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,40, 41,42,43,44,45,46,47,48,49, 50, 51,
52
were read on this motion to/for ORDER OF REFERENCE/REFERENCE TO
Upon the foregoing documents, the motion is determined as follows:
This is an action to foreclose on a mortgage encumbering a parcel of real property located at
th
1400 5 Avenue, Unit TH-C2, New York, New York. The mortgage was given by Sam Kalyanam
("Kalyanam"), now deceased, and Defendant Savitri Sriram ("Sriram") to non-party Mortgage
Electronic Registration Systems, Inc. ("MERS") as nominee for Citibank, NA ("Citibank"). The
mortgage secures a loan given by Citibank to Kalyanam in an original principal amount of
$1,704,000.00 which is memorialized by an adjustable-rate note. The note and mortgage are both dated
November 4, 2016. By deed dated June 30, 2021, Kalyanam transferred his interest in the premises to
Sriram. On or about July 28, 2023, Kalyanam died survived by Sriram, his spouse. Thereafter, Plaintiff
commenced this action and pied a cause of action for foreclosure based upon a default in repayment of
the indebtedness. Defendant Sriram answered and pled eight affirmative defenses.
Now, Plaintiff moves for summary judgment against the appearing Defendant, to strike the
answer and affirmative defenses, for a default judgment against the non-appearing Defendants, for an
order of reference and to amend the caption. Defendants Sriram opposes the motion. In moving for
summary judgment, Plaintiff was required to establish prima facie entitlement to judgment as a matter of
law though proof of the mortgage, the note, and evidence of Defendants' default in repayment (see U.S.
Bank, NA. v James, 180 AD3d 594 [1 st Dept 2020]; Bank of NYv Knowles, 151 AD3d 596 [1 st Dept
2017]; Fortress Credit Corp. v Hudson Yards, LLC, 78 AD3d 577 [l51 Dept 2010]). Proof supporting a
prima facie case on a motion for summary judgment a cause of action for foreclosure must be in
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Motion No. 001
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admissible form (see CPLR §3212[b]; Tri-State Loan Acquisitions Ill, LLC v Litkowski, 172 AD3d 780
[1 st Dept 2019]). A plaintiff may rely on evidence from persons with personal knowledge of the facts,
documents in admissible form and/or persons with knowledge derived from produced admissible records
(see eg U.S. Bank NA. v Moulton, 179 AD3d 734, 738 [2d Dept 2020]). No precise set of business
records must be proffered, so long as the admissibility requirements of CPLR 4518 [a] are fulfilled and
the records evince the facts for which they are relied upon (see eg Citigroup v Kopelowitz, 14 7 AD3d
1014, 1015 [2d Dept 2017]).
Plaintiffs motion was supported by an affirmation from Tami la Dean ("Dean"), a Vice-President
of Document Execution for Cenlar FSB ("Cenlar"), the alleged servicer for Plaintiff, CitiMortgage, Inc.
Dean avers that her affidavit is based on personal review of the business records of Plaintiff and Cenlar.
Dean's affidavit laid a proper foundation for the admission Cenlar's records into evidence under CPLR
§4518 by sufficiently showing that the records "reflect[ ed] a routine, regularly conducted business
activity, and that it be needed and relied on in the performance of functions of the business", "that the
record[s][were] made pursuant to established procedures for the routine, habitual , systematic making of
such a record" and "that the record[ s] [were] made at or about the time of the event being recorded"
(Bank of NY Mellon v Gordon, 171 AD3d 197, 204 [2d Dept 2019]; see also Bank ofAm v Brannon,
156 AD3d 1 [1st Dept 2017]). The records of other entities were also admissible since Dean established
that those records were received from the makers and incorporated into the records Cenlar kept and that
it routinely relied upon such documents in its business (see eg U.S. Bank NA. v Kropp-Somoza, 191
AD3d 918 [2d Dept 2021 ]). Further, the records referenced by Dean were annexed to the moving
papers (cf Deutsche Bank Natl. Trust Co. v Kirschenbaum , 187 AD3d 569 [1 st Dept 2020]). A
subservicing agreement submitted demonstrated Cenlar's authority to act for Plaintiff (see Deutsche
Bank Natl. Trust Co. v Silverman, 178 AD3d 898 [2d Dept 2019]; Deutsche Bank Natl. Trust Co. v
Rudman, 170 AD3d 950 [2d Dept 2019]).
Dean's review of the attached records demonstrated the material facts underlying the claim for
foreclosure, to wit the mortgage, note, and evidence of mortgagor's default in repayment under the note
(see eg ING Real Estate Fin. (USA) LLC v Park Ave. Hotel Acquisition, LLC, 89 AD3d 506 [1 st Dept
2011 ]; see also Bank of NY v Knowles, supra; Fortress Credit Corp. v Hudson Yards, LLC, supra).
Likewise, the submissions proved that any applicable statutory and contractual pre-foreclosure requisites
were fulfilled (see generally Un ited States Bank Trust, NA . v Mehl, 195 AD3d l 054 [2d Dept 2021];
Citimortgage, Inc. v Ustick, 188 AD3d 793 , 794 [2d Dept 2020]).
In opposition, Sriram's argument that mortgage is unenforceable because she did not sign the
note is without merit. The purported absence of a note executed by Sriram "at the date of the execution
and delivery of the mortgage does not impair it, since there was other sufficient consideration therefor"
(Sullivan v Corn Exch. Bank, 154 AD 292, 294 [2d Dept 1912]). The validity of the mortgage "does not
depend upon the form of the indebtedness, whether by note, bond or otherwise, but upon the existence of
the debt which it was given to secure" (id.).
All the affirmative defenses are entirely conclusory and unsupported by any facts in the answer
or by the papers submitted in opposition. As such, these affirmative defenses are nothing more than an
unsubstantiated legal conclusion which is insufficiently pied as a matter of law (see Board of Mgrs. of
Ruppert Yorkville Tow ers Condominium v Hayden, 169 AD3d 569 [15 1 Dept 2019]; see also Bosco
Credit V Trust Series 2012-1 v. Johnson, 177 AD3d 561 [15 1 Dept 2020]; 170 W. Vil. Assoc. v G & E
Realty, Inc., 56 AD3d 372 [1st Dept 2008] ; see also Becher v Feller, 64 AD3d 672 [2d Dept 2009];
Cohen Fashion Opt. , Inc. v V & M Opt., Inc., 51 AD3d 619 [2d Dept 2008]). To the extent that no
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Motion No. 001
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specific legal argument was proffered in support of a particular affirmative defense or claim, they were
abandoned (see U.S. Bank NA. v Gonzalez, 172 AD3d 1273, 1275 [2d Dept 2019]; Flagstar Bank v
Bellafiore, 94 AD3d 1044 [2d Dept 2012]; Wells Fargo Bank Minnesota, NA v Perez, 41 AD3d 590 [2d
Dept 2007]).
The branch of Plaintiffs motion for a default judgment against the non-appearing parties is
granted without opposition (see CPLR §3215; SRMOF II 2012-ITrust v Tella, 139 AD3d 599,600 [l51
Dept 2016]).
The branch of Plaintiffs motion to amend the caption is granted without opposition (see
generally CPLR §3025; JP Morgan Chase Bank, NA. v Laszio, 169 AD3d 885, 887 [2d Dept 2019]).
Accordingly, it is
ORDERED that the branch of Plaintiffs motion for summary judgment on its foreclosure claim
against the appearing parties and for a default judgment against the non-appearing parties is granted; and
it is further
ORDERED that Allison Furman, Esq., 260 Madison Avenue, 15th Floor, New York, New
York 10016, 212-684-9400 is hereby appointed Referee in accordance with RP APL § 1321 to compute
the amount due to Plaintiff and to examine whether the property identified in the notice of pendency can
be sold in parcels; and it is further
ORDERED that in the discretion of the Referee, a hearing may be held, and testimony taken; and
it is further
ORDERED that by accepting this appointment the Referee certifies that he is in compliance with
Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c)
("Disqualifications from appointment"), and §36.2 (d) ("Limitations on appointments based upon
compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the
provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further
ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of $350 shall
be paid to the Referee for the computation of the amount due and upon the filing of his report and the
Referee shall not request or accept additional compensation for the computation unless it has been fixed
by the court in accordance with CPLR 8003(b); and it is further
ORDERED that the Referee is prohibited from accepting or retaining any funds for himself or
paying funds to himself without compliance with Part 36 of the Rules of the Chief Administrative Judge;
and it is further
ORDERED that if the Referee holds a hearing, the Referee may seek additional compensation at
the Referee's usual and customary hourly rate; and it is further
ORDERED that Plaintiff shall forward all necessary documents to the Referee and to Defendants
who have appeared in this case within 30 days of the date of this order and shall promptly respond to
every inquiry made by the referee (promptly means within two business days); and it is further
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ORDERED that if Defendant(s) have objections, they must submit them to the referee within 14
days of the mailing of plaintiffs submissions; and include these objections to the Court if opposing the
motion for a judgment of foreclosure and sale; and it is further
ORDERED that failure to submit objections to the referee may be deemed a waiver of objections
before the Court on an application for a judgment of foreclosure and sale; and it is further
ORDERED that Plaintiff must bring a motion for a judgment of foreclosure and sale within 45
days ofreceipt of the referee's report; and it is further
ORDERED that if Plaintiff fails to meet these deadlines, then the Court may sua sponte vacate
this order and direct Plaintiff to move again for an order of reference and the Court may sua sponte toll
interest depending on whether the delays are due to Plaintiffs failure to move this litigation forward;
and it further
ORDERED that counsel for Plaintiff shall serve a copy of this order with notice of entry upon
the County Clerk (60 Centre Street, Room 141 B) and the General Clerk's Office (60 Centre Street,
Room 119), who are directed to mark the court's records to reflect the parties being removed pursuant
hereto; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk ' s Office
shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County
Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's
website at the address (www.nycourts.gov/supctmanh)]; and it is further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and
persons entitled to notice, including the Referee appointed herein.
All parties are to appear for a virtual conference via Microsoft Teams on June 25, 2026, at
10:00 a.m. If a motion for judgment of foreclosure and sale has been filed Plaintiff may contact the Part
Clerk (SFC-Part32-Clerk@nycourts.gov) in writing to request that the conference be cancelled. If a
motion has not been made, then a conference is required to explore the reasons for the delay.
2/19/2026
DATE FRANCIS KAHN, 111, A.J.5.C.
CHECK ONE: CASE DISPOSED N!;J_Q~ rmJ;BA~CIS A. KAHN Ill
GRANTED □ DENIED GRANTED IN PART □ OTHERJ.S.C .
APPLICATION : SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE : INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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Motion No. 001
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