U.S. Bank National Ass'n v. DLJ Mortgage Capital, Inc.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered on or about April 6, 2016, which, to the extent appealed from as limited by the briefs, denied defendant Ameriquest Mortgage Company’s (Ameriquest) motion to dismiss the complaint, unanimously affirmed, with costs.

The heart of Ameriquest’s appeal is premised on a provision of the parties’ Mortgage Loan Purchase and Interim Servicing Agreement (MLPA) that was not raised before the motion court. Ameriquest contends that this provision, found in the fourth paragraph of Section 7.04 of the MLPA (the notice restriction…