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DEUTSCHE BANK v. FLAGSTAR

653048/13, 1492.

143 A.D.3d 15 (2016)

36 N.Y.S.3d 135

DEUTSCHE BANK NATIONAL TRUST COMPANY, Solely in its Capacity as Trustee of the HARBORVIEW MORTGAGE LOAN TRUST 2007-7, Appellant, v. FLAGSTAR CAPITAL MARKETS CORPORATION, Defendant, and QUICKEN LOANS, INC., Respondent.

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

Decided August 11, 2016.

Attorney(s) appearing for the Case

Lowenstein Sandler LLP, New York City ( Zachary D. Rosenbaum , Michael J. Hampson and Jonathan C. Wishnia of counsel), for appellant.

Jones Day, New York City ( Howard F. Sidman , Heidi A. Wendel and Michael O. Thayer of counsel), for respondent.

Jenner & Block LLP, New York City ( Stephen L. Ascher of counsel), for WMC Mortgage, LLC, amicus curiae.

RENWICK, SAXE, RICHTER and GISCHE, JJ., concur.

OPINION OF THE COURT

In this appeal, we must decide whether the statute of limitations bars a breach of contract action that was brought more than six years after the seller made allegedly false representations and warranties as to loans underlying residential mortgage-backed securities (RMBS). We find that dismissal of the...

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