Legal Opinion

Federal Housing Finance Agency v. Morgan Stanley ABS Capital I Inc.

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

Decided January 17, 2017No. 650291/13 2762 651959/13 2761PublishedCited by 1 opinion

1Opinion of the Court

Orders, Supreme Court, New York County (Marcy S. Friedman, J.), entered April 20, 2016, which, insofar as appealed from, granted defendant’s motions to dismiss, unanimously affirmed, with costs.

The NC3 Trust

The tolling agreement between nonparty National Credit Union Administration (NCUA) — a certificate holder in the NC3 Trust — and various Morgan Stanley entities — the sponsor of the securitization — states, “the Potential Claims do not include causes of action and claims by any person or entity that is not a party to this tolling agreement as set forth in the first paragraph,” i.e., any…

2Cases cited11 opinions

  1. Fort Lincoln Civic Ass'n v. Fort Lincoln New Town Corp.District of Columbia Court of Appeals · 2008
  2. State of California Public Employees' Retirement System v. Shearman & SterlingNew York Court of Appeals · 2000
  3. Westmoreland Coal Co. v. Entech, Inc.New York Court of Appeals · 2003
  4. ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
  5. Quadrant Structured Products Co. v. VertinNew York Court of Appeals · 2014

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3Cited by1 opinion

  1. Federal Hous. Fin. Agency v. Morgan Stanley ABS Capital I Inc.New York Supreme Court · 2018

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