28 NY3d 1039

2016

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, and J.P. Morgan Mortgage Acquisition Corporation et al., Appellants.

Court of Appeals of the State of New York

October 25, 2016

28 NY3d 1039 | 2016 NY Slip Op 06948

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 4, 2017

Decided October 25, 2016

Bank of N.Y. Mellon v WMC Mtge., LLC, 136 AD3d 1, affirmed.

APPEARANCES OF COUNSEL

Sullivan & Cromwell LLP, New York City (Darrell S. Cafasso, Robert A. Sacks and Brent J. McIntosh of counsel), for appellants.

Holwell Shuster & Goldberg LLP, New York City (Michael S. Shuster, Dwight A. Healy and Scott M. Danner of counsel), for respondent.

Securities Industry and Financial Markets Association, Washington, D.C. (Kevin M. Carroll of counsel), and Stroock & Stroock & Lavan LLP, New York City (Michael C. Keats and David J. Kahne of counsel), for Securities Industry and Financial Markets Association, amicus curiae.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.