MATTER OF PART 60 RMBS

Index. Nos. 777000/15, 153945/13, 595610/15. Appeal No. 13084. Case No. 2019-5932.

195 A.D.3d 40 (2021)

146 N.Y.S.3d 109

2021 NY Slip Op 02252

In the Matter of PART 60 RMBS PUT-BACK LITIGATION. NATIXIS REAL ESTATE CAPITAL TRUST 2007-HE2, by COMPUTER-SHARE TRUST COMPANY, NATIONAL ASSOCIATION, as Separate Securities Administrator, Respondent, v. NATIXIS REAL ESTATE CAPITAL, INC., Appellant. NATIXIS REAL ESTATE HOLDINGS, LLC, Successor in Interest to NATIXIS REAL ESTATE CAPITAL INC., Formerly Known as IXIS REAL ESTATE CAPITAL INC., Third-Party Plaintiff-Appellant-Respondent, v. WELLS FARGO BANK, N.A., Third-Party Defendant-Respondent-Appellant.

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

Decided April 13, 2021.


Attorney(s) appearing for the Case

Davis & Gilbert LLP, New York City ( H. Seiji Newman , Joseph Cioffi , and Massimo Giugliano of counsel), for appellant-respondent.

Jones Day, New York City ( Howard F. Sidman , Traci L. Lovitt and Joseph J. Boylan of counsel), and Jones Day, Pittsburgh, PA ( Andrew R. Stanton of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for respondent-appellant.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Kathleen M. Sullivan , Michael B. Carlinsky , William B. Adams , Andrew Kutscher and Anna Deknatel ), for respondent.

MANZANET-DANIELS, J.P., GONZÁLEZ and SHULMAN, JJ., concur.


OPINION OF THE COURT

The parties' disputes in this action concern the contractual obligations arising from their respective roles in pooling and securitizing residential mortgages for sale as investment vehicles (residential mortgage backed securities or RMBS). Plaintiff, Computershare Trust Company, National Association (Computershare...

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