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WESTERN & SOUTHERN v. US BANK

Index No. 650259/19. Appeal No. 14893. Case No. 2020-04532.

209 A.D.3d 6 (2022)

173 N.Y.S.3d 543

2022 NY Slip Op 04886

THE WESTERN AND SOUTHERN LIFE INSURANCE COMPANY et al., Respondents-Appellants, v. U.S. BANK NATIONAL ASSOCIATION, Appellant-Respondent.

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

Decided August 9, 2022.

Attorney(s) appearing for the Case

Jones Day, New York City ( Michael T. Marcucci and David F. Adler of counsel), and Louis A. Chaiten , of the Ohio bar, admitted pro hac vice, of counsel, for appellant-respondent.

Wollmuth Maher & Deutsch LLP, New York City ( William A. Maher , David H. Wollmuth , Steven S. Fitzgerald and Roselind F. Hallinan of counsel), for respondents-appellants.

RENWICK, J.P., OING, SINGH and SCARPULLA, JJ., concur.

OPINION OF THE COURT

This case involves residential mortgage-backed securities (RMBS). Usually, this type of case is filed by an RMBS trustee because they are generally the only party with standing to assert the trust's right to compel repurchase of defective loans and to take action against the parties responsible for the improper...

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