Legal Opinion

Nomura Asset Acceptance Corp. Alternative Loan Trust v. Nomura Credit & Capital, Inc.

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

Decided May 17, 2016No. 651827/12 386A 386PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered December 27, 2013, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered December 24, 2013, which granted defendant’s motion to dismiss the complaint, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court erred to the extent it found that the claims for breach of the loan representations accrued on May 1, 2006, the date of the mortgage loan purchase agreements (MLPA) containing those representations. While such…

2Cases cited3 opinions

  1. ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
  2. Goldberg v. Camp Mikan-RecroNew York Court of Appeals · 1977
  3. Southern Wine & Spirits of America, Inc. v. Impact Environmental Engineering, PLLCAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by5 opinions

  1. Varga v. McGraw Hill Financial, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Ridinger v. West Chelsea Development Partners LLCAppellate Division of the Supreme Court of the State of New York · 2017
  3. Federal Housing Finance Agency v. Morgan Stanley ABS Capital I Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Deer Park Rd. Mgt. Co., LP v. Nationstar Mtge., LLCAppellate Division of the Supreme Court of the State of New York · 2024
  5. LDIR, LLC v. DB Structured Prods., Inc.Appellate Division of the Supreme Court of the State of New York · 2019

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