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NATIXIS REAL v. NATIXIS LLC

153945/13, 2142.

149 A.D.3d 127 (2017)

2017 NY Slip Op 01796

50 N.Y.S.3d 13

NATIXIS REAL ESTATE CAPITAL TRUST 2007-HE2, by WELLS FARGO BANK, NATIONAL ASSOCIATION, as Securities Administrator, Respondent, v. NATIXIS REAL ESTATE HOLDINGS, LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 9, 2017.

Attorney(s) appearing for the Case

Davis & Gilbert LLP, New York City ( Bruce M. Ginsberg , Joseph Cioffi , James R. Serritella and Massimo Giugliano of counsel), for appellant.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Andrew Dunlap , Philippe Z. Selendy , Maya D. Cater and Stephen Schweizer of counsel), for respondent.

FRIEDMAN, J.P., FEINMAN, GISCHE and KAPNICK, JJ., concur.

OPINION OF THE COURT

This appeal stems from a transaction involving residential mortgage backed securities (RMBS). Plaintiff, the administrator of the securitized trust, seeks to enforce the loan repurchase rights, more commonly referred to as putback rights, against defendant sponsor of the securitized transaction for breach...

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