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MBIA v. COUNTRYWIDE HOME LOAN

602825/08

34 Misc.3d 895 (2012)

936 N.Y.S.2d 513

2012 NY Slip Op 22002

MBIA INSURANCE CORPORATION, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., et al., Defendants.

Supreme Court, New York County.

Decided January 3, 2012.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP ( Peter E. Calamari , Philippe Z. Selendy , Sanford I. Weisburst and Manisha M. Sheth of counsel), for plaintiff.

Goodwin Proctor LLP ( Mark Holland , Sarah Heaton Concannon , Abigail K. Hemani , Larkin M. Morton , 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 Countrywide Home Loans, Inc., and others, defendants.

O'Melveny & Myers LLP ( Jonathan Rosenberg , Bradley J. Butwin , William J. Sushon and Asher L. Rivner of counsel), for Bank of America Corp., defendant.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

Plaintiff MBIA Insurance Corporation (MBIA) moves pursuant to CPLR 3212 (e) for partial summary judgment against defendants Countrywide Home Loans, Inc. (CHL); Countrywide Securities Corporation (CSC), Countrywide Financial Corporation (CFC) and Countrywide Home Loans Servicing, LP (CHLS, and, with CHL, CSC and CFC, Countrywide) collectively and CHL separately.

MBIA seeks judgment first that on its claim for...

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