Legal Opinion

Bank of New York Mellon v. Retirement Board of the Policemen's Annuity & Benefit Fund

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

Decided March 5, 2015No. 651786/11 13527PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

This appeal requires us to consider the nature and extent of the scrutiny the court may properly apply to a trustee’s settle ment of claims of misconduct on the part of the originator and servicer of residential mortgage backed securities. Petitioner Bank of New York Mellon (BNYM), as trustee, commenced this proceeding pursuant to CPLR article 77, seeking court approval for a settlement of claims brought on behalf of a large group of certificateholders against the originator and servicer of the residential mortgage backed securitization trusts for which BNYM serves…

2Cases cited3 opinions

  1. In Re Triarc Companies, Inc.Court of Chancery of Delaware · 2001
  2. Manacher v. ReynoldsCourt of Chancery of Delaware · 1960
  3. Haynes v. HaynesAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by6 opinions

  1. Commerce Bank v. Bank of New York MellonAppellate Division of the Supreme Court of the State of New York · 2016
  2. Krys v. AaronDistrict Court, D. New Jersey · 2015
  3. In re U.S. Bank National Ass'nNew York Supreme Court · 2015
  4. In re Bank of New York MellonNew York Supreme Court · 2017
  5. Matter of Bank of N.Y. MellonNew York Supreme Court · 2017

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