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THE BANK OF NEW YORK MELLON v. WMC MORTGAGE, LLC

1548N, 654464/12.

140 A.D.3d 585 (2016)

35 N.Y.S.3d 26

2016 NY Slip Op 05038

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

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

Decided June 23, 2016.

Although the order did not resolve a motion made on formal notice, it is appealable as of right because it "affects a substantial right" (CPLR 5701 [a] [2] [v]), and the parties were able to "fully set forth before the motion court their positions and the bases for them" (Lissak v Cerabona, 10 A.D.3d 308, 309 [1st Dept 2004]).

The motion court correctly found that the repurchase analyses are not protected work product (

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