U.S. Bank National Ass'n v. DLJ Mortgage Capital, Inc.

Orders, Supreme Court, New York County (Marcy S. Friedman, J.), entered October 6, 2014, which, to the extent appealed from as limited by the briefs, granted defendant’s motions to dismiss the portion of the indemnification claims seeking reimbursement of attorneys’ fees, unanimously reversed, on the law, with costs, and the motions denied.

These actions arise from alleged breaches of Pooling and Servicing Agreements (PSAs), dated November 1, 2006 (HEAT 2006-8) and March 1, 2007 (HEAT 2007-2), governing trusts containing securitized residential backed mortgage loans transferred to them by…