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BLACKROCK BALANCED CAPITAL PORTFOLIO v. U.S. BANK NATIONAL ASSOCIATION

652204/15. 4257. 7396.

165 A.D.3d 526 (2018)

86 N.Y.S.3d 484

2018 NY Slip Op 06990

Blackrock Balanced Capital Portfolio (FI) et al., Respondents-Appellants, v. U.S. Bank National Association, Appellant-Respondent.

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

Decided October 18, 2018.

Plaintiffs are the holders of certificates issued by residential mortgage-backed securities trusts of which defendant is the trustee. The complaint alleges that the trustee breached its obligations pursuant to the governing Pooling and Service Agreements (PSAs) by failing to provide notices to cure to servicers once it gained knowledge of certain servicing breaches and by failing to make prudent decisions concerning the events...

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