§Why CasetextPricing

Nomura Home Equity Loan, Inc., Series 2006-FM2, by HSBC Bank USA, National Association, solely in its capacity as Trustee, et al., Respondents,v.Nomura Credit & Capital, Inc., Appellant. (And Three Other Actions.)

Brief

26 Cited authorities

  1. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,760 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  2. Bailey v. Neave

    2007 N.Y. Slip Op. 3958 (N.Y. 2007)   Cited 202 times
    Emphasizing that "courts may not by construction add or excise terms"

  3. Holy Props. v. Cole Prods

    87 N.Y.2d 130 (N.Y. 1995)   Cited 237 times
    Holding tenant liable for all monetary obligations arising under the lease, where the lease expressly provided that landlord was under no duty to mitigate damages upon defendant's abandonment of the premises or eviction

  4. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 222 times   1 Legal Analyses
    Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct

  5. Tunkl v. Regents of University of California

    60 Cal.2d 92 (Cal. 1963)   Cited 389 times   2 Legal Analyses
    Holding contractual immunity from liability for research hospital contrary to public policy, rejecting argument that "otherwise the funds of the research hospital may be deflected from the real objective of the extension of medical knowledge to the payment of claims," and stating that "the hospital cannot claim isolated immunity in the interdependent community of our time" as "[i]t, too, is part of the social fabric, and prearranged exculpation from its negligence must partly rend the pattern and necessarily affect the public interest"

  6. Rm 14 FK Corp. v. Bank One Trust Co., N.A.

    37 A.D.3d 272 (N.Y. App. Div. 2007)   Cited 88 times
    Rejecting contractual interpretation that "vitiates the principle that a contract should not be interpreted so as to render any clause meaningless"

  7. Eisen v. Carlisle Jacquelin

    479 F.2d 1005 (2d Cir. 1973)   Cited 210 times   1 Legal Analyses
    Rejecting the district court's use of a "fluid recovery" scheme

  8. Ace Securities Corp. Home Equity Loan Trust v. DB Structured Products, Inc.

    5 F. Supp. 3d 543 (S.D.N.Y. 2014)   Cited 56 times
    Finding money damages in lieu of repurchase appropriate and noting that "where the granting of equitable relief appears to be impossible or impracticable, equity may award damages in lieu of the desired equitable remedy"

  9. Bluebird Partners, L.P. v. First Fidelity Bank, N.A.

    94 N.Y.2d 726 (N.Y. 2000)   Cited 85 times   2 Legal Analyses
    In Bluebird Partners, L.P. v. First Fidelity Bank, N.A., 94 N.Y.2d at 735-36, 709 N.Y.S.2d at 871, 731 N.E.2d 581, the New York Court of Appeals recognized the interpretive tension in these precedents.

  10. Muzak Corp. v. Hotel Taft Corp.

    1 N.Y.2d 42 (N.Y. 1956)   Cited 268 times
    Holding that the specific provision trumped the general provision, even in the absence of any inconsistency between those provisions

  11. Section 2719 - Contractual modification or limitation of remedy

    13 Pa. C.S. § 2719   Cited 31 times
    Providing that where contractual damages fail to be enforceable, remedies may be had as provided for by statute

  12. Section 2-719 - Contractual modification or limitation of remedy

    Del. Code tit. 6 § 2-719   Cited 16 times
    Permitting seller to bar recovery of consequential damages through exclusion clause in the contract

  13. Section 860F - Other rules

    26 U.S.C. § 860F   Cited 6 times   1 Legal Analyses

    (a) 100 percent tax on prohibited transactions (1) Tax imposed There is hereby imposed for each taxable year of a REMIC a tax equal to 100 percent of the net income derived from prohibited transactions. (2) Prohibited transaction For purposes of this part, the term "prohibited transaction" means- (A) Disposition of qualified mortgage The disposition of any qualified mortgage transferred to the REMIC other than a disposition pursuant to- (i) the substitution of a qualified replacement mortgage for