Bank of N.Y. Mellon v WMC Mtge., LLC

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Bank of N.Y. Mellon v WMC Mtge., LLC 2016 NY Slip Op 06948 Decided on October 25, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 25, 2016
No. 221 SSM 27

[*1]The Bank of New York Mellon, solely as Securities Administrator for J.P. Morgan Mortgage Acquisition Trust 2006-WMC4, Respondent,

v

WMC Mortgage, LLC, Defendant, J.P. Morgan Mortgage Acquisition Corporation, et al., Appellants.



Submitted by Darrell S. Cafasso, for appellants.

Submitted by Michael S. Schuster, for respondent.

Securities Industry and Financial Markets Association, amicus curiae.



On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative. The motion of defendants-appellants, insofar as it sought to dismiss plaintiff's third and fourth causes of action and so much of the seventh cause of action as is based on breach of J.P. Morgan Mortgage Acquisition Corporation's warranties, was properly denied. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided October 25, 2016



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