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ASSURED GUARANTY MUNICIPAL CORP. v. DLJ MORTGAGE CAPITAL, INC.

11512, 652837/11

114 A.D.3d 598 (2014)

980 N.Y.S.2d 760

2014 NY Slip Op 1375

ASSURED GUARANTY MUNICIPAL CORP., Formerly Known as FINANCIAL SECURITY ASSURANCE INC., et al., Appellants, v. DLJ MORTGAGE CAPITAL, INC., Respondent, et al., Defendant.

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

Decided February 27, 2014.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 12, 2012, which, to the extent appealed from as limited by the briefs, granted defendant DLJ Mortgage Capital, Inc.'s motion to dismiss so much of the complaint's first and second causes of action as demand rescissory damages, consequential damages and fees, based on its determination that plaintiffs' remedies are limited by the pooling and servicing...

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