Legal Opinion

Bank of New York Mellon v. WMC Mortgage, LLC

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

Decided June 23, 2016No. 1548N 654464/12PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about December 21, 2015, which, insofar as appealed from, granted plaintiff’s motion to compel defendant WMC Mortgage, LLC to produce certain repurchase analyses, unanimously affirmed, with costs.

Although the order did not resolve a motion made on formal notice, it is appealable as of right because it “affects a substantial right” (CPLR 5701 [a] [2] [v]), and the parties were able to “fully set forth before the motion court their positions and the bases for them” (Lissak v Cerabona, 10 AD3d 308, 309 [1st Dept…

2Cases cited3 opinions

  1. ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
  2. Lissak v. CerabonaAppellate Division of the Supreme Court of the State of New York · 2004
  3. MBIA Insurance v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by4 opinions

  1. ACE Securities Corp. v. DB Structured Products, Inc.New York Supreme Court · 2016
  2. ACE Sec. Corp. v. DB Structured Prods., Inc.New York Supreme Court · 2016
  3. Gottwald v. SebertAppellate Division of the Supreme Court of the State of New York · 2019
  4. People v. TikTok Inc.Appellate Division of the Supreme Court of the State of New York · 2026

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