*1 ================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports.

----------------------------------------------------------------- No. 221 SSM 27

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