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FREEDOM TRUST 2011-2 v. HSBC BANK USA, N.A.

Index No. 653319/21 Appeal No. 17446 Case No. 2022-02263.

214 A.D.3d 404 (2023)

184 N.Y.S.3d 340

2023 NY Slip Op 01135

Freedom Trust 2011-2 et al., Respondents, v. HSBC Bank USA, N.A., as Trustee, Appellant.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Williams & Connolly LLP, New York ( Lauren H. Uhlig of counsel), for appellant.

Patterson Belknap Webb & Tyler LLP, New York ( David S. Kleban of counsel), for respondents.

Concur—Moulton, J.P., González, Scarpulla, Shulman, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered on or about April 18, 2022, which, to the extent appealed from, denied defendant's motion to dismiss the breach of contract claims by plaintiff Freedom Trust 2011-2 as untimely, unanimously affirmed, with costs.

Plaintiff Freedom Trust 2011-2, the beneficial owner of certain residential mortgage-backed securities (RMBS), agreed to postpone assertion of its...

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