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MBIA INS. CO. v. GMAC MTGE. LLC

600837/10 E

30 Misc.3d 856 (2010)

914 N.Y.S.2d 604

MBIA INSURANCE CO., Plaintiff, v. GMAC MORTGAGE LLC, Defendant.

Supreme Court, New York County.

December 14, 2010.

Attorney(s) appearing for the Case

Lazare Potter & Giacovas LLP, New York City ( David E. Potter of counsel), for defendant.

Quinn Emanuel Urquhart & Sullivan LLP, New York City ( Christine H. Chung of counsel), and Carpenter Lipps & Leland LLP, Columbus, Ohio ( Jeffrey A. Lipps , Angela Paul Whitfield , Michael N. Beekhuize and Jennifer A.L. Battle of counsel), for plaintiff.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Defendant GMAC Mortgage, LLC moves, pursuant to CPLR 3211 (a) (7), to dismiss counts I (fraud) and II (negligent misrepresentation) of the complaint arguing, inter alia, that these counts are insufficient because MBIA Insurance Corporation is a sophisticated monoline insurer, thereby obligating MBIA to perform due diligence with the mortgage information. GMAC also moves to dismiss count VI (breach of contract—...

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