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AMBAC ASSUR. CORP. v. DLJ MTGE. CAPITAL, INC.

9002, 600070/10.

102 A.D.3d 487 (2013)

956 N.Y.S.2d 891

2013 NY Slip Op 156

AMBAC ASSURANCE CORPORATION et al., Appellants, v. DLJ MORTGAGE CAPITAL, INC., et al., Respondents.

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

Decided January 15, 2013.

The complaint alleges repeatedly that the insurance agreement was obtained through various types of fraud, making it clear that fraudulent inducement is plaintiff's primary claim. Thus, the provision of the agreement that waives the right to trial by jury does not apply (see MBIA Ins. Corp. v Credit Suisse Sec. [USA], LLC, 102 A.D.3d 488 [1st Dept 2013] [decided simultaneously herewith...

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