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Ambac Assurance Corporation, et al., Appellants,v.Countrywide Home Loans, Inc., et al., Respondents, Bank of America Corp., Defendant.

Brief

53 Cited authorities

  1. Abbott v. United States

    562 U.S. 8 (2010)   Cited 354 times   3 Legal Analyses
    Holding "that a defendant is subject to a mandatory, consecutive sentence for a § 924(c) conviction, and is not spared from that sentence by virtue of receiving a higher mandatory minimum on a different count of conviction"

  2. Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC

    797 F.3d 160 (2d Cir. 2015)   Cited 975 times   4 Legal Analyses
    Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”

  3. Hooper Associates Ltd. v. AGS Computers, Inc.

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,381 times   6 Legal Analyses
    Holding that the plaintiff could not recover attorneys' fees from the defendant without express language in the agreement permitting such a recovery

  4. DDJ Management, LLC v. Rhone Group LLC

    2010 N.Y. Slip Op. 5603 (N.Y. 2010)   Cited 198 times   4 Legal Analyses
    Suggesting that a Plaintiff "will often be justified" in accepting a written representation that certain facts are true rather than making its own inquiry

  5. Quadrant Structured Prods. Co. v. Vertin

    2014 N.Y. Slip Op. 4114 (N.Y. 2014)   Cited 156 times   7 Legal Analyses
    Holding that textual omissions in a "no-action clause" placed limits on the situations in which certain parties could and could not bring suit to enforce a contract

  6. Hartford Acc. Ind. v. Wesolowski

    33 N.Y.2d 169 (N.Y. 1973)   Cited 488 times   1 Legal Analyses
    Holding there was one "occurrence" under the event test when the insured vehicle struck one oncoming vehicle, ricocheted off, and struck a second vehicle more than 100 feet away and noting that there was "no intervening agent" and "in common understanding and parlance there was ... a single, inseparable ‘three-car accident’ "

  7. Gottlieb v. Kenneth D. Laub & Co.

    82 N.Y.2d 457 (N.Y. 1993)   Cited 161 times   1 Legal Analyses
    In Gottlieb v. Kenneth D. Laub & Co., 82 N.Y.2d 457, 605 N.Y.S.2d 213, 626 N.E.2d 29 (1993), a plaintiff brought an action to recover commissions owed to him under a common law breach of contract cause of action, as well as "attorney's fees and liquidated damages" based on a purported "violation of Labor Law section 198."

  8. Kimmel v. State

    2017 N.Y. Slip Op. 3689 (N.Y. 2017)   Cited 75 times
    Concluding that courts under New York law should look "first to the plain language of the statute as the best evidence of legislative intent"

  9. TAG 380 v. COMMET 380

    10 N.Y.3d 507 (N.Y. 2008)   Cited 97 times   1 Legal Analyses
    Holding that a policy provision expressly precluding liability for damages caused by “terrorism” was inconsistent with the Standard Policy, which does not provide for such an exclusion

  10. Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.

    133 A.D.3d 96 (N.Y. App. Div. 2015)   Cited 68 times   4 Legal Analyses
    Holding that initial breach notices "put defendant on notice that the certificateholders whom plaintiffs (as trustees) represented were investigating the mortgage loans and might uncover additional defective loans for which claims could be made."

  11. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 823 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  12. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 321 times   6 Legal Analyses
    Requiring "inducement"

  13. Section 3106 - Warranty defined; effect of breach

    N.Y. Ins. Law § 3106   Cited 53 times

    (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereunder, the existence of a fact which tends to diminish, or the non-existence of a fact which tends to increase, the risk of the occurrence of any loss, damage, or injury within the coverage of the contract. The term "occurrence of loss, damage, or injury" includes the

  14. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review