Bank of N.Y. Mellon v WMC Mtge., LLC, 28 NY3d 1039 (2016)

2016 NY Slip Op 06948 [28 NY3d 1039]
October 25, 2016
Court of Appeals

[*1]

The Bank of New York Mellon, Solely as Securities Administrator for J.P. Morgan Mortgage Acquisition Trust 2006-WMC4, Respondent,
v
WMC Mortgage, LLC, Defendant, and J.P. Morgan Mortgage Acquisition Corporation et al., Appellants.

Decided October 25, 2016

Bank of N.Y. Mellon v WMC Mtge., LLC, 136 AD3d 1, affirmed.

{**28 NY3d at 1041} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The motion of defendants-appellants, insofar as it sought to dismiss plaintiff’s third and fourth causes of action and so much of the seventh cause of action as is based on breach of J.P. Morgan Mortgage Acquisition Corporation’s warranties, was properly denied.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.