Axinn, Veltrop & Harkrider LLP, New York City ( Donald W. Hawthorne and Felix J. Gilman of counsel), for the Association of Financial Guaranty Insurers, amicus curiae.
Judges STEIN, FAHEY, WILSON and FEINMAN concur; Judge RIVERA dissents in part in an opinion; Chief Judge DiFIORE taking no part.
OPINION OF THE COURT
GARCIA, J.
Plaintiff Ambac Assurance Corporation, a monoline financial guaranty insurer, agreed to insure payments of principal and interest owed to the holders of residential mortgage-backed securities sponsored by defendant Countrywide.1
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