§Why CasetextPricing

Deutsche Bank National Trust Company, solely in its capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Appellant,v.Flagstar Capital Markets Corporation, Defendant, Quicken Loans, Inc., Respondent.

Brief

30 Cited authorities

  1. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 547 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  2. Riverside South Planning Corp. v. CRP/Extell Riverside, L.P.

    2009 N.Y. Slip Op. 8675 (N.Y. 2009)   Cited 299 times   1 Legal Analyses
    Holding that where a contract is unambiguous it will be enforced according to its terms and courts may not add or excise terms

  3. Deutsche Bank Nat'l Trust Co. v. Quicken Loans Inc.

    810 F.3d 861 (2d Cir. 2015)   Cited 122 times   1 Legal Analyses
    Affirming decision to dismiss good-faith-and-fair-dealing-claim as duplicative of breach-of-contract claim

  4. Two Guys v. S.F.R. Realty Associates

    63 N.Y.2d 396 (N.Y. 1984)   Cited 288 times
    Recognizing that New York courts interpreting contracts should "avoid an interpretation that would leave contractual clauses meaningless"

  5. Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.

    2012 N.Y. Slip Op. 2344 (N.Y. 2012)   Cited 132 times
    Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment

  6. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  7. Guggenheim Found. v. Lubell

    77 N.Y.2d 311 (N.Y. 1991)   Cited 181 times   2 Legal Analyses
    Holding that "although [defendant-]appellant’s Statute of Limitations argument fails, [its] contention that the [plaintiff] did not exercise reasonable diligence in locating the painting" is relevant "in the context of laches defense"

  8. Aetna Life & Casualty Co. v. Nelson

    67 N.Y.2d 169 (N.Y. 1986)   Cited 197 times
    Holding that a claim accrues when "all of the facts necessary to the cause of action have occurred so that the party would be entitled to obtain relief in court"

  9. Snyder v. Town Insulation

    81 N.Y.2d 429 (N.Y. 1993)   Cited 118 times
    Holding that tort action accrued on date of injury, though the plaintiffs continued to sustain harm thereafter

  10. Bank of N.Y. Mellon v. WMC Mortg., LLC

    151 A.D.3d 72 (N.Y. App. Div. 2017)   Cited 27 times   1 Legal Analyses
    Holding that "the contractual obligation to notify was independent of the warranty obligations"

  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation