§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

18 Cited authorities

  1. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 549 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  2. 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

  3. 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

  4. 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

  5. Flanagan v. Mt. Eden Gen. Hosp

    24 N.Y.2d 427 (N.Y. 1969)   Cited 225 times
    Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"

  6. 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"

  7. Vanship Holdings v. Energy Infrastructure

    65 A.D.3d 405 (N.Y. App. Div. 2009)   Cited 63 times   1 Legal Analyses

    August 4, 2009. Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered December 2, 2008, which, to the extent appealed from as limited by the briefs, enjoined respondents from distributing $2.6 million of the funds in an account held by Continental Stock Transfer and Trust Company as trustee for Energy Infrastructure Acquisition Corp. (EIAC), unanimously reversed, on the law, without costs, and the injunction vacated. Before: Mazzarelli, J.P., Andrias, Nardelli, Catterson and DeGrasse

  8. T & N plc v. Fred S. James & Co. of New York, Inc.

    29 F.3d 57 (2d Cir. 1994)   Cited 84 times
    Concluding that agreement extending the statute of limitations indefinitely was "invalid and unenforceable"

  9. Bulova Watch v. Celotex Corp.

    46 N.Y.2d 606 (N.Y. 1979)   Cited 99 times   2 Legal Analyses
    Holding that the six-year statute of limitations period began anew with each new leak of a roof where contractor had made 20–year guarantee to repair roof

  10. Continental Casualty Co. v. Stronghold Insurance Co.

    77 F.3d 16 (2d Cir. 1996)   Cited 54 times   2 Legal Analyses
    Holding that plaintiff insured's demand "in the form of notice to the reinsurers of actual losses on the underlying insurance policies, [was] an essential element of [plaintiff's] claims," and that "reinsurers were not in 'breach' of their contract to indemnify until they rejected the demand (or until a reasonable time for paying the losses elapsed)"

  11. Section 17-103 - Agreements waiving the statute of limitation

    N.Y. Gen. Oblig. Law § 17-103   Cited 86 times
    Limiting the effectiveness of " promise to waive, to extend, or not to plead [certain] statute of limitation[] . . . ."

  12. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply