MBIA Insurance v. Countrywide Home Loans, Inc.

OPINION OF THE COURT

Eileen Bransten, J.

Motion sequence numbers 60 and 61 are consolidated for disposition.

This matter comes before the court on the summary judgment motions submitted by MBIA Insurance Corporation and Bank of America Corp. (BAG). Each motion seeks summary judgment under CPLR 3212 (e) on MBIA’s successor liability claim under the theories of de facto merger and assumption of liabilities. Each theory will be addressed in turn.

For the reasons that follow, MBIA and BAC’s motions are denied.

I, Background

The facts of this matter have been discussed extensively in previous decisions…