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DEUTSCHE BANK NATL. TRUST CO. v. BARCLAYS BANK PLC

651338/13. 4034. 652001/13. 4033.

156 A.D.3d 401 (2017)

66 N.Y.S.3d 472

2017 NY Slip Op 08459

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. BARCLAYS BANK PLC, Appellant. DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. HSBC BANK USA, NATIONAL ASSOCIATION, Appellant.

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

Decided December 5, 2017.

In 2013, plaintiff commenced the two above-captioned actions, each solely in plaintiff's capacity as trustee of one of two trusts. In each action, plaintiff asserts, as relevant to this appeal, a cause of action for breach of contract based on each defendant's alleged breaches of the representations and warranties it had made in connection with the sale, in 2007, of the residential mortgage-backed securities that are pooled in the relevant trust. Each defendant moved to dismiss...

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