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  5. 214 A.D.3d 406 (2023)
 

FREEDOM TRUST 2011-2 EX REL. ACE SECURITIES CORP. HOME EQUITY LOAN TRUST SERIES 2006-FM1 v. DB STRUCTURED PRODS., INC.

Index No. 656245/19 Appeal No. 17445 Case No. 2022-03561.

214 A.D.3d 406 (2023)

185 N.Y.S.3d 54

2023 NY Slip Op 01136

Freedom Trust 2011-2, on Behalf of Ace Securities Corp. Home Equity Loan Trust Series 2006-FM1, Appellant, v. DB Structured Products, Inc., Respondent.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, New York ( Brendon DeMay of counsel), for appellant.

Simpson Thacher & Bartlett LLP, New York ( William T. Russell, Jr. of counsel), for respondent.

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

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about July 5, 2022, which granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff, the owner of about 29% of the total outstanding certificates for a residential mortgage-backed security trust called Ace Securities Corp. Home Equity Loan Trust Series 2006-FM1, brings suit against defendant, the sponsor of the trust, for breach of contractual representations...

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