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U.S. BANK NATL. ASSN. v. DLJ MTGE. CAPITAL, INC.

8654N, 653140/15.

171 A.D.3d 579 (2019)

97 N.Y.S.3d 463

2019 NY Slip Op 02974

U.S. Bank National Association, Respondent, v. DLJ Mortgage Capital, Inc., Defendant, and Ameriquest Mortgage Company, Appellant.

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

Decided April 23, 2019.

Inasmuch as it appears that the documents sought are potentially relevant to an affirmative defense that may be raised by defendant DLJ Mortgage Capital, Inc., and DLJ has not yet answered the complaint, we reverse and grant Ameriquest's motion for reversal of the Special Master's direction that it produce the documents. Our resolution of this appeal is without prejudice to plaintiff's renewal of its motion to compel the production of the documents, or to Ameriquest's opposition...

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