ASSURED GUAR. CORP. v. EMC MTGE., LLC

650805/12.

2013 NY Slip Op 50519(U)

ASSURED GUARANTY COPR., Plaintiff, v. EMC MORTGAGE, LLC (FORMERLY KNOWN AS EMC MORTGAGE CORPORATION), BEAR STEARNS ASSET BACKED SECURITIES 1 LLC, J.P. MORGAN SECURITIES LLC (FORMERLY KNOWN AS BEAR, STEARNS & CO. INC.), and JPMORGAN CHASE BANK, N.A., Defendants.

Supreme Court, New York County

Decided April 4, 2013.


Attorney(s) appearing for the Case

Erik Haas, Esq. , of Patterson Belknap Webb Tyler LLP, Plaintiff.

Sharon Nelles, Esq. , of Sullivan Cromwell LLP, Defendants.


CHARLES E. RAMOS, J.

Defendants EMC Mortgage, LLC, formerly known as EMC Mortgage Corporation (EMC), Bears Stearns Asset Backed Securities I LLC (BSABS), J.P. Morgan Securities LLC (JPMS), formerly known as Bear, Stearns & Co. Inc. (Bear Stearns & Co., together with EMC, Bear Stearns), and JP Morgan Chase Bank, N.A. (JP Morgan) (together, defendants) move for partial dismissal of the complaint, pursuant to CPLR 3211 (a)(1) and (a)(7).

At oral argument...

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