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NATIONSTAR MTGE, LLC v. GENERATION MTGE. CO.

651248/19. Appeal No. 12989. Case No. 2020-00852.

191 A.D.3d 535 (2021)

138 N.Y.S.3d 347

2021 NY Slip Op 01005

Nationstar Mortgage, LLC, Appellant, v. Generation Mortgage Company et al., Respondents.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

McKool Smith, P.C., New York ( John C. Briody of counsel), for appellant.

Farrell Fritz, P.C., Uniondale ( James M. Wicks of counsel), for Generation Mortgage Company, respondent.

Winston & Strawn LLP, New York ( Martin C. Geagan of counsel), for Guggenheim Partners, LLC, respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

This action arises out of an agreement whereby plaintiff purchased a servicing portfolio of reverse mortgage loans from defendant Generation Mortgage Company. Defendant Guggenheim Partners, LLC was a party to the agreement as Generation's guarantor.

The contractual indemnification claim should not be dismissed. Nothing in the purchase agreement limits damages to those realized within the five-year contractual limitations period. To the contrary, the agreement provides...

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