Legal Opinion

Emigrant Bank v. UBS Real Estate Securities, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 2008PublishedCited by 8 opinions

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

  1. Kimmell v. SchaeferNew York Court of Appeals · 1996
  2. Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
  3. Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Foster v. KovnerAppellate Division of the Supreme Court of the State of New York · 2007
  5. Elghanian v. HarveyAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by8 opinions

  1. Stonehill Capital Management LLC v. Bank of the WestNew York Court of Appeals · 2016
  2. Thome v. Alexander & Louisa Calder FoundationAppellate Division of the Supreme Court of the State of New York · 2009
  3. Bed Bath & Beyond Inc. v. Ibex Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  4. Genger v. GengerAppellate Division of the Supreme Court of the State of New York · 2011
  5. 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.

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