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LASALLE BANK NATIONAL ASSOCIATION v. NOMURA ASSET CAPITAL CORPORATION

1879, 603339/03, M-5039.

72 A.D.3d 409 (2010)

899 N.Y.S.2d 15

LASALLE BANK NATIONAL ASSOCIATION, Formerly Known as LASALLE NATIONAL BANK, as Trustee for the Certificate Holders of ASSET SECURITIZATION CORPORATION COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 1997-D5, Appellant-Respondent, v. NOMURA ASSET CAPITAL CORPORATION et al., Respondents-Appellants.

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

Decided April 1, 2010.

Plaintiff is the trustee for the holders of pass-through certificates for a pool of commercial mortgage loans originated or acquired by defendant Nomura Asset Capital. Nomura pooled the loans and transferred them to defendant Asset Securitization, which in turn issued and sold the certificates as securities, representing beneficial ownership interests in the mortgage loans.

Plaintiff brought this action alleging that defendants had breached certain warranties and...

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