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MATTER OF PART 60 RMBS PUT-BACK LITIGATION

4980, 777000/15, 153945/13.

155 A.D.3d 482 (2017)

65 N.Y.S.3d 133

2017 NY Slip Op 08093

In the Matter of PART 60 RMBS PUT-BACK LITIGATION. NATIXIS REAL ESTATE CAPITAL TRUST 2007-HE2, Respondent, v. NATIXIS REAL ESTATE CAPITAL, INC., Appellant.

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

Decided November 16, 2017.

We affirm the denial of defendant's motion, but for different reasons than stated by the motion court. In making our determination, we take judicial notice of the briefs, orders, and pleadings submitted on the motion (see Kinberg v Kinberg, 85 A.D.3d 673, 674 [1st Dept 2011]; Assured Guar. [UK] Ltd. v J.P. Morgan Inv. Mgt. Inc., 80 A.D.3d 293, 303 [1st Dept 2010], affd

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