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DEUTSCHE BANK v. FLAGSTAR

No. 96.

32 N.Y.3d 139 (2018)

112 N.E.3d 1219

88 N.Y.S.3d 96

2018 NY Slip Op 06851

DEUTSCHE BANK NATIONAL TRUST COMPANY, Solely in its Capacity as Trustee for the HARBORVIEW MORTGAGE LOAN TRUST SERIES 2007-7, Appellant, v. FLAGSTAR CAPITAL MARKETS CORPORATION, Defendant, and QUICKEN LOANS, INC., Respondent.

Court of Appeals of New York.

Decided October 16, 2018.

Attorney(s) appearing for the Case

Lowenstein Sandler LLP, New York City ( Zachary D. Rosenbaum and Michael J. Hampson of counsel), and Friedman, Kaplan, Seiler & Adelman LLP, New York City ( Robert S. Smith of counsel), for appellant.

Jones Day, New York City ( Howard F. Sidman and Todd R. Geremia of counsel), and Morganroth & Morganroth, PLLC, Birmingham, Michigan ( Jeffrey B. Morganroth of counsel), for Quicken Loans Inc., respondent.

Venable LLP, New York City ( Gregory A. Cross of counsel), for LNR Partners, LLC and others, amici curiae.

OPINION OF THE COURT

This case steps into an area of subtle interplay that exists between the freedom to contract and New York public policy. In ACE Sec. Corp., Home Equity Loan Trust, Series 2006-SL2 v DB Structured Prods., Inc. (25 N.Y.3d 581

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