SECURITIZED ASSET FUNDING 2011-2, LTD. v. CANADIAN IMPERIAL BANK OF COMMERCE

7850. 653911/15.

167 A.D.3d 468 (2018)

90 N.Y.S.3d 27

2018 NY Slip Op 08444

Securitized Asset Funding 2011-2, Ltd., Appellant, v. Canadian Imperial Bank of Commerce, Respondent/Counterclaim Plaintiff-Respondent. Securitized Asset Funding 2011-2, Ltd., et al., Counterclaim Defendants-Appellants.

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

Decided December 11, 2018.


This is an action for breach of two contracts, the A Note and the B Certificate. These contracts refer to certain credit default swap agreements, which refer to notes collateralized by mortgage-backed securities issued by nonparty Altius IV Funding, Ltd. (the Altius IV notes). Defendant Canadian Imperial Bank of Commerce (CIBC) had entered into credit default swaps with a purchaser of Altius IV notes seeking to protect its investment therein. CIBC then entered into the A...

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