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SYNCORA GUAR. v. COUNTRYWIDE

650042/09

36 Misc.3d 328 (2012)

935 N.Y.S.2d 858

2012 NY Slip Op 52421

SYNCORA GUARANTEE INC., Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., et al., Defendants.

Supreme Court, New York County.

January 3, 2012.

Attorney(s) appearing for the Case

Debevoise & Plimpton LLP ( Mark P. Goodman , Donald W. Hawthorne , John S. Craig and Felix J. Gilman of counsel), for plaintiff. Goodwin Proctor LLP ( Mark Holland , Sarah Heaton Concannon , Abigail K. Hemani , Paul F. Ware and Thomas M. Hefferon of counsel), and Gunster, Yoakley & Stewart, P.A. ( David M. Wells and William E. Adams Jr. of counsel), for defendants.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

Plaintiff Syncora Guarantee Inc. (Syncora) moves for partial summary judgment against defendants Countrywide Home Loans, Inc. (CHL); Countrywide Securities Corporation (CSC) and Countrywide Financial Corporation (CFC, and, with CHL and CSC, Countrywide).

First, Syncora seeks judgment in the form of a declaration on its "put-back claims." (Syncora mem

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