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ACE SEC. v. DB STRUCTURED INC.

No. 34.

38 N.Y.3d 643 (2022)

197 N.E.3d 978

176 N.Y.S.3d 590

2022 NY Slip Op 03927

ACE SECURITIES CORP., HOME EQUITY LOAN TRUST, SERIES 2006-SL2, by HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee Pursuant to a Pooling and Servicing Agreement, Dated as of March 1, 2006, Appellant, v. DB STRUCTURED PRODUCTS, INC., Respondent.

Court of Appeals of New York.

Decided June 16, 2022.

Attorney(s) appearing for the Case

McKool Smith PC, New York City ( Zachary W. Mazin , Christopher P. Johnson , Daniel J. Fleming , and Lara Sofia Romero Jain , of counsel), for appellant.

Simpson Thacher & Bartlett LLP, New York City ( William T. Russell, Jr. , Isaac M. Rethy , and Anthony C. Piccirillo , of counsel), for respondent.

Patterson Belknap Webb & Tyler LLP, New York City ( Peter W. Tomlinson , David S. Kleban , and Jeffrey F. Kinkle , of counsel), and Korein Tillery LLP, Chicago, Illinois ( John A. Libra , of counsel), for National Credit Union Administration Board and another, amici curiae.

Patrick M. Connors, Albany, pro se, and Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Scott D. Musoff , and Alexander C. Drylewski , of counsel), for Patrick M. Connors, amicus curiae.

Michael Hutter, Albany, amicus curiae pro se, and for Robert Hockett and another, amicus curiae. I.

Adam Plotch, amicus curiae pro se.

OPINION OF THE COURT

When a timely-commenced action has been dismissed on certain non-merits grounds, CPLR 205(a) allows "the plaintiff" in that action "or, if the plaintiff dies," the "executor or administrator" of the plaintiff's estate, six months to commence a new...

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