Emigrant Bank v. UBS Real Estate Securities, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*383Defendant bid on plaintiffs’ mortgage loan portfolio in an online auction, and the bid was accepted. The bid form provided that the sale is “subject to a mutually acceptable Purchase and Sale agreement, which will be subject to negotiation, but substantially in the form of the agreement posted to the [bidding Web] site.” The bid form provided space for the bidder to add conditions, and defendant added several, including: “a mutually acceptable mortgage loan sale and servicing agreement will be negotiated in good faith. The agreement will contain standard reps and warranties.” For more than…
2Cases cited11 opinions
- Kimmell v. SchaeferNew York Court of Appeals · 1996
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
- Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
- Foster v. KovnerAppellate Division of the Supreme Court of the State of New York · 2007
- Elghanian v. HarveyAppellate Division of the Supreme Court of the State of New York · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stonehill Capital Management LLC v. Bank of the WestNew York Court of Appeals · 2016
- Thome v. Alexander & Louisa Calder FoundationAppellate Division of the Supreme Court of the State of New York · 2009
- Bed Bath & Beyond Inc. v. Ibex Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Genger v. GengerAppellate Division of the Supreme Court of the State of New York · 2011
- DCR Mortgage VI Sub I, LLC v. Peoples United Financial, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
3 more not listed; retrieve them via the Exa API.