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MLRN LLC v. U.S. BANK, N.A.

652712/18. Appeal No. 17602. Case No. 2022-03527.

214 A.D.3d 602 (2023)

187 N.Y.S.3d 178

2023 NY Slip Op 01748

MLRN LLC, Respondent-Appellant, v. U.S. Bank, National Association, Appellant-Respondent.

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

Decided March 30, 2023.

Attorney(s) appearing for the Case

Jones Day, New York ( Michael T. Marcucci of counsel), for appellant-respondent.

Wollmuth Maher & Deutsch LLP, New York ( John R. Hein and Timothy A. DeLange of the bar of the State of California, admitted pro hac vice, of counsel), for respondent-appellant.

Concur—Renwick, A.P.J., Gesmer, Singh, González, Scarpulla, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered July 12, 2022, which, to the extent appealed from, (i) granted defendant's motion for partial summary judgment to the extent of dismissing as untimely the repurchase-related claims for loans liquidated outside of a six-year statute of limitations period but denied dismissal as to 57 certificates held by HBK Master Fund (HBKMF) or by Bank of New York Mellon Trust (BNYMT), and (ii) granted plaintiff's motion...

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