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DEVASH v. GERMAN AM. CAPITAL

651839/10, 8409

104 A.D.3d 71 (2013)

959 N.Y.S.2d 10

2013 NY Slip Op 137

DEVASH LLC, Appellant, v. GERMAN AMERICAN CAPITAL CORPORATION et al., Defendants, and CWCAPITAL ASSET MANAGEMENT LLC et al., Respondents.

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

January 10, 2013.

Attorney(s) appearing for the Case

Meister Seelig & Fein LLP, New York City ( Stephen B. Meister , David E. Ross , Randi L. Maidman and Remy Stocks of counsel), for appellant.

Friedman Kaplan Seiler & Adelman LLP, New York City ( Robert J. Lack , Richardo Solano Jr. and Jeffrey R. Wang of counsel), for respondents.

Scott D. Spelfogel , New York City, for CWCapital Asset Management LLC, respondent.

ANDRIAS, J.P., MOSKOWITZ, ABDUS-SALAAM and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Plaintiff Devash LLC claims that Bank of America, N.A. (BOA), as trustee for the holder of its securitized $250 million mortgage loan, and CWCapital Asset Management LLC, the appointed special servicer of plaintiff's loan, entered into what plaintiff terms a "predatory lending scheme," not in regard to the terms of the mortgage loan itself, but due to the manner in which defendants engaged in selling plaintiff's loan to a third...

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