AMBAC ASSURANCE CORPORATION v. COUNTRYWIDE HOME LOANS, INC.

651612/10. 3146A. 3146.

150 A.D.3d 490 (2017)

2017 NY Slip Op 03886

57 N.Y.S.3d 111

AMBAC ASSURANCE CORPORATION et al., Respondents, v. COUNTRYWIDE HOME LOANS, INC., et al., Defendants, and BANK OF AMERICA CORP., Appellant.

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

Decided May 16, 2017.


Ambac, the insurer of a number of residential mortgage-backed securitizations originated by the Countrywide defendants (collectively, Countrywide), seeks to impose successor liability for fraud and breach of contract in connection with the securitizations upon BAC, which acquired substantially all of Countrywide's assets through a series of transactions that Ambac contends amounted to a de facto merger. Specifically, Ambac alleges that BAC acquired Countrywide in a transaction...

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