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MORGAN STANLEY v. MORGAN

653429/12, 154.

143 A.D.3d 1 (2016)

36 N.Y.S.3d 458

MORGAN STANLEY MORTGAGE LOAN TRUST 2006-13ARX, by U.S. Bank National Association, as Trustee, Appellant, v. MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, as Sucessor in Interest to Morgan Stanley Mortgage Capital, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 11, 2016.

Attorney(s) appearing for the Case

MoloLamken LLP, New York City (Steven F. Molo, Justin M. Ellis, Tuongvy T. Le, Joel M. Melendez and Gajan Sivakumaran of counsel), for appellant.

Davis Polk & Wardwell LLP, New York City (Brian S. Weinstein, James P. Rouhandeh, Carissa M. Pilotti and Craig T. Cagney of counsel), for respondent.

MAZZARELLI, J.P., MOSKOWITZ and RICHTER, JJ., concur.

OPINION OF THE COURT

This case arises from the securitization and sale of residential mortgages. The mortgage loans originated with an affiliated entity of defendant, Morgan Stanley Mortgage Capital Holdings LLC (Morgan Stanley). Plaintiff, U.S. Bank National Association (Trustee), as trustee of the Morgan Stanley Mortgage Loan...

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