§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. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 666 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  2. 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

  3. 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

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

    810 F.3d 861 (2d Cir. 2015)   Cited 120 times   1 Legal Analyses
    Affirming decision to dismiss good-faith-and-fair-dealing-claim as duplicative of breach-of-contract claim

  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. 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

  8. 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)"

  9. New England Mut Ins v. Caruso

    73 N.Y.2d 74 (N.Y. 1989)   Cited 59 times   2 Legal Analyses
    Holding that, under New York law, insurer was barred from asserting invalidity of a policy because the statutory incontestability period had expired before the insured died

  10. Signature Realty, Inc. v. Tallman

    2 N.Y.3d 810 (N.Y. 2004)   Cited 24 times
    In Signature Realty, Inc. v. Tallman (2 NY3d 810), the Court of Appeals held that nothing in the parties' agreement limited the commission to the initial lease period.

  11. 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