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MBIA INS. CORP. v. COUNTRYWIDE HOME LOANS, INC.

602825/08.

40 Misc.3d 643 (2013)

965 N.Y.S.2d 284

2013 NY Slip Op 23140

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

Supreme Court, New York County.

Decided April 29, 2013.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP ( Peter E. Calamari , Philippe Z. Selendy , Jonathan B. Oblak and Manisha M. Sheth of counsel), for plaintiff. O'Melveny & Myers LLP ( Walter Dellinger , Jonathan Rosenberg , Daniel L. Cantor and B. Andrew Bednark of counsel) for Bank of America Corp., defendant.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

Motion sequence numbers 60 and 61 are consolidated for disposition.

This matter comes before the court on the summary judgment motions submitted by MBIA Insurance Corporation and Bank of America Corp. (BAC). Each motion seeks summary judgment under CPLR 3212(e) on MBIA's successor liability claim under the theories of de facto merger and assumption of liabilities. Each theory will be addressed in turn.

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