Legal Opinion
DLJ Mortgage Capital Corp. v. Fairmont Funding Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 2011PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Doris Ling-Cohan, *564J.), entered July 16, 2009, which granted plaintiffs motion for summary judgment on the issue of liability, unanimously affirmed, with costs.
In this breach of contract action, plaintiff made a prima facie showing of entitlement to summary judgment (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]) by conclusively establishing that the subject mortgages qualified as early payment default (EPD) mortgages requiring repurchase under section 3.05 of the purchase, warranties and interim servicing agreement (Purchase Agreement).
The court…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Awards.com v. Kinko's, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Courtney-Clarke v. Rizzoli International Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Richardson & Lucas, Inc. v. New York Athletic ClubAppellate Division of the Supreme Court of the State of New York · 2003
- Awards. Com, LLC v. Kinko's, Inc.New York Court of Appeals · 2010
3Cited by7 opinions
- Blank Rome, LLP v. ParrishAppellate Division of the Supreme Court of the State of New York · 2012
- Gettinger Associates, LLC v. Abraham Kamber & Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Gettinger Associates, LLC v. Abraham Kamber & Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Jin Ming Chen v. Insurance Co. of the State of Pa.Appellate Division of the Supreme Court of the State of New York · 2018
- Kavanaugh v. KavanaughAppellate Division of the Supreme Court of the State of New York · 2021
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