Legal Opinion

Teachers Insurance & Annuity Ass'n of America v. Criimi Mae Services Ltd. Partnership

District Court, S.D. New York

Decided February 8, 2011No. 06 Civ. 0392 (LAK)Published

1Opinion of the Court

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

Plaintiffs are trust investors who assert that they sustained damages as a result of a special servicer’s allegedly improper modification and sale of a loan owed to the trust. The matter is before the Court on defendants’ renewed motion for summary judgment of dismissal.

Facts

The Court assumes familiarity with its previous opinion. 1

I. The Trust

Plaintiffs hold .beneficial interests in two real estate mortgage investment conduits (collectively, the “Trust”) that were established pursuant to a Pooling and Servicing Agreement (“PSA”) in October…

2Cases cited14 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Richard S. RASKIN, Plaintiff-Appellant, v. the WYATT COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
  4. Energy Capital Corp. (As General Partner of Energy Capital Partners Limited Partnership) v. United StatesCourt of Appeals for the Federal Circuit · 2002
  5. Virgin Atlantic Airways Limited v. British Airways PlcCourt of Appeals for the Second Circuit · 2001

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