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PART 60 PUT-BACK LITIG.

652877/14. 2118.

169 A.D.3d 217 (2019)

93 N.Y.S.3d 269

2019 NY Slip Op 00368

In the Matter of PART 60 PUT-BACK LITIGATION. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-NC4, Appellant, v. MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, as Successor-by-Merger to MORGAN STANLEY MORTGAGE CAPITAL INC., et al., Respondents.

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

Decided January 17, 2019.

Attorney(s) appearing for the Case

MoloLamken LLP, New York City ( Robert K. Kry , Steven F. Molo and Lauren M. Weinstein of counsel), for appellant.

Davis Polk & Wardwell LLP, New York City ( Brian S. Weinstein , James P. Rouhandeh , Elisabeth Grippando , Alan J. Tabak and Matthew Cormack of counsel), for respondents.

GISCHE, J.P., MAZZARELLI and GESMER, JJ., concur.

OPINION OF THE COURT

On this appeal, which arises from the securitization and sale of residential mortgages, plaintiff, Deutsche Bank National Trust Company (Trustee), as trustee of the Morgan Stanley ABS Capital I Inc. Trust 2007-NC4 (Trust), challenges the motion court's pre-answer...

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