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U.S. BANK N.A. v. GREENPOINT MTGE. FUNDING, INC.

4892N, 600352/09.

155 A.D.3d 424 (2017)

62 N.Y.S.3d 809

2017 NY Slip Op 07696

U.S. BANK NATIONAL ASSOCIATION et al., Plaintiffs, v. GREENPOINT MORTGAGE FUNDING, INC., Appellant. SYNCORA GUARANTEE INC., Formerly Known as XL CAPITAL ASSURANCE INC., Nonparty Respondent.

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

Decided November 2, 2017.

This is a residential mortgage-backed securities put-back action in which the trustee seeks to enforce its contractual rights of repurchase of the mortgage loans in the trust. Nonparty respondent Syncora is the issuer of a financial guaranty policy for a certain class of notes in the trust. Any losses it sustained, or efforts it made to mitigate damages, are not relevant to the trust's claims.

We have considered the defendant's remaining contentions and find them...

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