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U.S. BANK NA. v. GREENPOINT MTGE.

Nos. 600352/09, 6348N.

94 A.D.3d 58 (2012)

939 N.Y.S.2d 395

2012 NY Slip Op 1515

U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee for the Benefit of the Insurers and Noteholders of GREENPOINT MORTGAGE FUNDING TRUST 2006-HE1, HOME EQUITY LOAN ASSET-BACKED NOTES, SERIES 2006-HE1, Appellant, et al., Plaintiffs, v. GREENPOINT MORTGAGE FUNDING, INC., Respondent.

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

Decided February 28, 2012.

Attorney(s) appearing for the Case

Nixon Peabody LLP, New York City ( Constance M. Boland of counsel), for appellant.

LeClairRyan, A Professional Corporation, New York City ( Michael T. Conway of counsel), and BuckleySandler LLP, New York City ( Matthew P. Previn of counsel), for respondent.

SAXE, J.P., SWEENY, ACOSTA, DEGRASSE and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

This case requires us to determine which party is to incur the cost of searching for, retrieving and producing both electronically stored information and physical documents that have been requested as part of the discovery process. Consistent with this Court's recent decision in VOOM HD Holdings LLC v EchoStar Satellite L.L.C. (93 A.D.3d 33 [2012]), which adopted the standards articulated...

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