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TRUST FOR CERTIFICATE HOLDERS v. LOVE FUNDING

No. 04 Civ. 9890(SAS).

499 F.Supp.2d 314 (2007)

TRUST FOR THE CERTIFICATE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS, INC. Mortgage Pass-Through Certificates Series 1999-C1, by and through ORIX Capital Markets, LLC, as Master Servicer and Special Servicer, Plaintiff, v. LOVE FUNDING CORPORATION, Defendant.

United States District Court, S.D. New York.

February 27, 2007.

Attorney(s) appearing for the Case

Kenneth S. Yudell, Aronauer, Goldfarb, Re & Yudell, LLP, New York, NY, Amy Howell, ORIX Capital Market, LLC, Dallas, TX, for Plaintiff.

Alec W. Farr, Bryan Cave LLP, Washington, DC, Robert D. Piliero, Piliero Goldstein Kogan & Miller, LLP, New York, NY, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

The Trust for the Certificate Holders of the Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates, Series 1999 C-1 ("Trust") brings this action against Love Funding Corporation ("Love Funding") for breach of contract. The Trust's claim arises from Love Funding's breach of representations and warranties set forth in a Mortgage Loan and Purchase Agreement...

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