Legal Opinion

First Bank of the Americas v. Motor Car Funding, Inc.

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

Decided May 11, 1999PublishedCited by 138 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenberger, J. P.

Plaintiff First Bank of the Americas (First Bank) and defendant Motor Car Funding, Inc. (MCF) entered into a sale and purchase agreement (the Agreement) dated August 19, 1994, which established the terms under which MCF would sell used car loans to First Bank. The Agreement provided that MCF would periodically offer First Bank the option to purchase various loans. The Agreement contained warranties to the effect that the loans would comply with certain underwriting guidelines. First Bank could refuse to purchase any loans that did not satisfy these…

2Cases cited18 opinions

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  2. Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
  3. Jo Ann Homes at Bellmore, Inc. v. DworetzNew York Court of Appeals · 1969
  4. Murtha v. Yonkers Child Care Ass'nNew York Court of Appeals · 1978
  5. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

13 more not listed; retrieve them via the Exa API.

3Cited by138 opinions

  1. Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
  2. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.District Court, S.D. New York · 2011
  3. NewSpin Sports, LLC v. Arrow Electronics, IncorporatCourt of Appeals for the Seventh Circuit · 2018
  4. WIT Holding Corp. v. KleinAppellate Division of the Supreme Court of the State of New York · 2001
  5. MBIA Insurance v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

133 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API