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BANK OF NY MELLON v. WMC MTGE

653831/13. 2478.

151 A.D.3d 72 (2017)

2017 NY Slip Op 03881

56 N.Y.S.3d 1

BANK OF NEW YORK MELLON, Solely in its Capacity as Securities Administrator for J.P. MORGAN MORTGAGE ACQUISITION TRUST, SERIES 2006-WMC2, Appellant, v. WMC MORTGAGE, LLC, as Successor by Merger to WMC MORTGAGE ACQUISITION CORP., et al., Respondents.

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

Decided May 11, 2017.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Philippe Z. Selendy , William B. Adams , Andrew R. Dunlap and Daniel P. Mach of counsel), for appellant.

Jenner & Block LLP, Washington, D.C. ( Matthew S. Hellman of the bar of District of Columbia, admitted pro hac vice, of counsel), and Jenner & Block LLP, New York City ( Stephen L. Ascher of counsel), for WMC Mortgage, LLC, respondent.

Sullivan & Cromwell LLP, New York City ( Darrell S. Cafasso , Robert A. Sacks and Matthew L. Lippert of counsel), for J.P. Morgan Mortgage Acquisition Corporation and JPMorgan Chase Bank, N.A., respondents.

ACOSTA, J.P., ANDRIAS, GISCHE and WEBBER, JJ., concur.

OPINION OF THE COURT

This case is one of many commenced in the wake of the 2008 global financial crisis. As in many of the other cases that have come before us — including one nearly identical to this case1 — the action is based upon the sale of residential mortgage-backed securities...

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