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BANK OF NY MELLON v. WMC MTGE

654464/12, 15092.

136 A.D.3d 1 (2015)

22 N.Y.S.3d 3

2015 NY Slip Op 08794

THE BANK OF NEW YORK MELLON, Solely as Securities Administrator for J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WMC4, Respondent, v. WMC MORTGAGE, LLC, Defendant, and J.P. MORGAN MORTGAGE ACQUISITION CORPORATION et al., Appellants.

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

Decided December 1, 2015.

Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York City ( Darrell S. Cafasso and Robert A. Sacks of counsel), for appellants.

Boies, Schiller & Flexner LLP, Armonk ( Motty Shulman , Richard E. Weill , Ian M. Dumain and Marc Ayala of counsel), for respondent.

TOM, J.P., SWEENY, ANDRIAS and GISCHE, JJ., concur.

OPINION OF THE COURT

This breach of warranty action arises from a residential mortgage backed securitization called the J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 (the Trust). The Trust was arranged and sponsored by defendant J.P. Morgan Mortgage Acquisition Corporation (JPMMAC), which made certain representations and...

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