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LaSALLE BANK NATIONAL ASS'N v. NOMURA ASSET CAPITAL CORP.

14 A.D.3d 366 (2005)

788 N.Y.S.2d 83

LASALLE BANK NATIONAL ASSOCIATION, Respondent, v. NOMURA ASSET CAPITAL CORPORATION et al., Appellants.

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

January 11, 2005.

On July 7, 2003, the Special Servicer sent to defendants Nomura Asset Capital (NACC) and Asset Securitization (ASC), the respective seller and depositor of 155 commercial mortgage loans, a letter that included a request for "evidence of compliance with the obligations of ASC and NACC as set forth in Paragraph 1 of the [Mortgage Loan Purchase and Sale Agreement (MLPSA)] with respect to all other loans (i.e., those loans not yet in Special Servicing)." This raised a...

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