Legal Opinion

U.S. Bank National Ass'n v. Dexia Real Estate Capital Markets, FKA

Court of Appeals for the Second Circuit

Decided March 16, 2016No. 14-2859-cv(L), 14-3582-cv(Con)UnpublishedCited by 8 opinions

1Opinion of the Court

SUMMARY ORDER

Defendant-Appellant Dexia Real Estate Capital Markets (“Dexia”) appeals from the district court’s order granting summary judgment to Plaintiff-Appellee U.S. Bank National Association (the “Trust”). Dexia challenges, inter alia, the district court’s conclusion that the Trust’s claims were timely because the statute of limitations began to run when what the Trust alleges was a defective loan guaranty (the “Guaranty”) was required to enforce the defaulting loan and not when Dexia made representations and warranties that the Guaranty was valid and enforceable. See U.S. Bank Nat’l…

2Cases cited5 opinions

  1. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  2. ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
  3. Deutsche Bank National Trust Co. ex rel. GSR Mortgage Loan Trust 2007-OA1 v. Quicken Loans Inc.Court of Appeals for the Second Circuit · 2015
  4. Licci ex rel. Licci v. Lebanese Canadian Bank, SALCourt of Appeals for the Second Circuit · 2013
  5. Gudmundsson v. United StatesCourt of Appeals for the Second Circuit · 2011

3Cited by8 opinions

  1. Lehman XS Trust v. Greenpoint Mortgage Funding, Inc.Court of Appeals for the Second Circuit · 2019
  2. Franklin Am. Mortg. Co. v. Univ. Nat'l Bank of LawrenceCourt of Appeals for the Sixth Circuit · 2018
  3. IHG Harlem I LLC v. 406 Manhattan LLCAppellate Division of the Supreme Court of the State of New York · 2024
  4. IHG Harlem I LLC v. 406 Manhattan LLCAppellate Division of the Supreme Court of the State of New York · 2024
  5. Bank of New York Mellon Trust Co. v. Morgan Stanley Mortgage Capital, Inc.Court of Appeals for the Second Circuit · 2016

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