Legal Opinion
Wilmington Trust Co. v. Morgan Stanley Mortgage Capital Holdings LLC
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2017No. 4427 652686/13PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 16, 2016, which, to the extent appealed from as limited by the briefs, upon defendants’ motion to dismiss, granted dismissal of the third cause of action’s indemnification claim as against defendant Morgan Stanley Credit Corporation (MSCC), and granted dismissal of the first cause of action’s breach of contract claim based on the inclusion in the mortgage loan trust of interest-only and balloon loans, unanimously modified, on the law, to deny dismissal of the indemnification claim, and otherwise affirmed, without…
2Cases cited3 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Walter R. Beardslee v. Inflection Energy, LLCNew York Court of Appeals · 2015
- U.S. Bank National Ass'n v. DLJ Mortgage Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
3Cited by4 opinions
- Deutsche Bank National Trust Co. v. EquiFirst Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Nomura Asset Acceptance Corp. Alternative Loan Trust, Series 2006-S3, by HSBC Bank USA, Natl. Assn., as Trustee v. Nomura Credit & Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Starr Indemnity & Liability Company v. G&G Underwriters, LLCDistrict Court, S.D. New York · 2021
- U.S. Bank National Association v. Goldman Sachs Mortgage CompanyDistrict Court, S.D. New York · 2020