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MBIA INS. CORP. v. COUNTRYWIDE HOME LOANS, INC.

602825/08.

2010 NY Slip Op 52239(U)

30 Misc 3d 1201(A)

MBIA INSURANCE CORPORATION, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., COUNTRYWIDE SECURITIES CORP., and COUNTRYWIDE FINANCIAL CORP., Defendants.

Supreme Court, New York County.

Decided December 22, 2010.

Attorney(s) appearing for the Case

Peter E. Calamari , Philippe Z. Selendy , Manisha M. Sheth , Nicholas F. Joseph and Eve S. Moskowitz of Quinn Emanuel Urquhart & Sulllivan, LLP for Plaintiff.

Mark Holland , Christopher J. Garvey , Abigail K. Hemani , Larkin M. Morton , Paul F. Ware, Jr. and Sarah Heaton Concannon of Goodwin Procter LLP for Defendants.

EILEEN BRANSTEN, J.

Plaintiff MBIA Insurance Corporation ("MBIA") moves in limine for a decision allowing MBIA to use statistical sampling to present evidence to prove its causes of action for fraud and breach of contract and to prove damages. Defendants Countrywide Home Loans, Inc., Countrywide Securities Corp. and Countrywide Financial Corp. (collectively, "Countrywide") oppose.

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