Legal Opinion

Deutsche Bank National Trust Co. v. EquiFirst Corp.

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

Decided October 26, 2017No. 4814 651957/13PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Marcy Friedman, J.), entered May 26, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss plaintiff’s breach of contract claim against defendant Barclays Bank PLC insofar as it was based on Barclays’ obligation to cure or repurchase loans affected by EquiFirst’s breaches of representations and warranties and to dismiss plaintiff’s claim seeking indemnification, including attorneys’ fees, unanimously reversed, on the law, with costs, and the motion denied.

Plaintiff trustee sufficiently alleged a claim…

2Cases cited4 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Telerep, LLC v. U.S. International Media, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. U.S. Bank National Ass'n v. DLJ Mortgage Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Wilmington Trust Co. v. Morgan Stanley Mortgage Capital Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2017

3Cited by1 opinion

  1. U.S. Bank National Association v. Goldman Sachs Mortgage CompanyDistrict Court, S.D. New York · 2020

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