Citation Codes Equivalent Citations citation codes Docket Number 10 Civ. 0695 (BMC). Judges Brian Mark Cogan See more information ... Smart Summary Please sign up to generate summary. GREYSTONE BANK, Plaintiff, v. FELIX MIGUEL PERALTA, CYPRESS FINANCIAL RECOVERIES LLC, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, and CITY OF NEW YORK, Defendants. ORDER BRIAN COGAN, District Judge Defendant Peralta, appearing pro se, has filed a "motion to strike" plaintiffs' affidavits filed in support of its motion for the appointment of a receiver on the ground that the affidavits contain hearsay. The motion is denied. The Court already granted the motion for the appointment of a receiver at the status conference. More importantly, the affidavits do not contain hearsay as to any material facts. A bank officer in charge of maintaining a loan file is able to testify about the contents of the loan file pursuant to the business records exception to the hearsay rule. The Court therefore denies the motion to strike and reaffirms its prior ruling granting plaintiff's motion for the appointment of a receiver. SO ORDERED.