NOMURA HOME EQUITY LOAN, INC., SERIES 2006-FM2, by HSBC BANK USA, NATIONAL ASSOCIATION, Solely in its Capacity as Trustee, Respondent,
v.
NOMURA CREDIT & CAPITAL, INC., Appellant.
NOMURA HOME EQUITY LOAN, INC., SERIES 2007-3, by HSBC BANK USA, NATIONAL ASSOCIATION, Solely in its Capacity as Trustee, Respondent,
v.
NOMURA CREDIT & CAPITAL, INC., Appellant.
NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AF2, by HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee, Respondent,
v.
NOMURA CREDIT & CAPITAL, INC., Appellant.
NOMURA HOME EQUITY LOAN, INC., HOME EQUITY LOAN TRUST, SERIES 2007-2, by HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee, Respondent,
v.
NOMURA CREDIT & CAPITAL, INC., Appellant.
Court of Appeals of New York.https://leagle.com/images/logo.png
Paul Hastings LLP, New York City ( Shahzeb Lari of counsel) and Los Angeles, California ( Timothy D. Reynolds , of the California bar, admitted pro hac vice, of counsel), for Securities Industry and Financial Markets Association, amicus curiae.
Murphy & McGonigle, P.C., New York City ( James K. Goldfarb of counsel) and Washington, D.C. ( Daniel T. Brown , of the District of Columbia bar, admitted pro hac vice, of counsel), and Baker Botts L.L.P., Washington, D.C. ( Michael L. Calhoon , of the District of Columbia bar, admitted pro hac vice, and Vernon Cassin , of counsel), and New York City ( Douglas W. Henkin and John Perry of counsel), for Sand Canyon Corporation, amicus curiae.
Judges FAHEY, WILSON, CENTRA and BALKIN concur; Judge FEINMAN dissents in part in an opinion, in which Judge RIVERA concurs in part in a separate dissenting opinion; Chief Judge DIFIORE and Judge GARCIA taking no part.
OPINION OF THE COURT
STEIN, J.
In these appeals stemming from four residential mortgage-backed securities (RMBS) transactions, we are asked to decide whether claims for general contract damages based on alleged breaches of a "no untrue statement" provision can withstand a motion to dismiss...
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