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U.S. BANK N.A. v. DLJ MTGE.

No. 6.

33 N.Y.3d 84 (2019)

122 N.E.3d 47

98 N.Y.S.3d 530

2019 NY Slip Op 01168

U.S. BANK NATIONAL ASSOCIATION, Solely in its Capacity as Trustee of the HOME EQUITY ASSET TRUST 2006-5 (HEAT 2006-5), Appellant, v. DLJ MORTGAGE CAPITAL, INC., Respondent. U.S. BANK NATIONAL ASSOCIATION, Solely in its Capacity as Trustee of the HOME EQUITY ASSET TRUST 2006-6 (HEAT 2006-6), Appellant, v. DLJ MORTGAGE CAPITAL, INC., Respondent. U.S. BANK NATIONAL ASSOCIATION, Solely in its Capacity as Trustee of the HOME EQUITY ASSET TRUST 2006-7 (HEAT 2006-7), Appellant, v. DLJ MORTGAGE CAPITAL, INC., Respondent.

Court of Appeals of New York.

Decided February 19, 2019.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York City ( Hector Torres , David J. Abrams and David J. Mark of counsel), for appellant.

Orrick, Herrington & Sutcliffe LLP, Washington, D.C. ( Robert Loeb , of the District of Columbia bar, admitted pro hac vice, and Randall C. Smith of counsel) and New York City ( Barry S. Levin , John Ansbro , Richard A. Jacobsen , Paul F. Rugani , Daniel W. Robertson , Daniel A. Rubens and Matthew R. Shahabian of counsel), for respondent.

Wachtell, Lipton, Rosen & Katz, New York City ( Elaine P. Golin , Graham W. Meli , Jordan L. Pietzsch and David Shieh of counsel), for The Securities Industry and Financial Markets Association, amicus curiae.

OPINION OF THE COURT

U.S. Bank National Association in its capacity as trustee of three residential mortgage-backed securities (RMBS) trusts seeks to sue DLJ Mortgage Capital, Inc. (DLJ) for alleged violations of representations and warranties regarding the quality of the loans...

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