In Wells Fargo Bank, N.A. v. Eisler, 118 AD3d 982, 988 N.Y.S.2d 682 (2nd Dept 2014), the answering defendants interposed several affirmative defenses, including, that, as a condition precedent to the commencement of the action, the mortgage documents required the plaintiff to provide a notice of default, and the plaintiff had not done so. In support, the Eisler defendants provided personal affidavits indicating that no such notice was received prior to the commencement of the action to foreclose their mortgage. The motion court agreed, and dismissed the action. required by the terms of the subject mortgage. On appeal, the Appellate Division affirmed and held that "the unsubstantial and conclusory statements in plaintiff's affidavit, which indicated that the required notice of default was sent in accordance with the terms of the mortgage, combined with the copy of the notice of default, failed to show that the required notice was mailed by first class mail or actually delivered to the notice address if sent by other means, as required by the mortgage agreement" (id. at 983).