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US BANK NA v. GREENPOINT MTGE.

651954/13, 1493.

147 A.D.3d 79 (2016)

2016 NY Slip Op 08968

45 N.Y.S.3d 11

U.S. BANK NATIONAL ASSOCIATION, as Trustee of the J.P. MORGAN ALTERNATIVE LOAN TRUST 2007-A2, Appellant-Respondent, v. GREENPOINT MORTGAGE FUNDING, INC., Respondent-Appellant.

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

Decided December 29, 2016.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, New York City (Michael S. Shuster, Dwight A. Healy, Brendon DeMay and Adam T. Kirgis of counsel), for appellant-respondent.

Murphy & McGonigle, P.C., New York City (Theodore R. Snyder and James A. Murphy of counsel), for respondent-appellant.

RENWICK, SAXE and RICHTER, JJ., concur with GISCHE, J.; ACOSTA, J.P., dissents in part in a separate opinion.

OPINION OF THE COURT

This is a "put-back" action, involving residential mortgage backed securities (RMBS). Plaintiff U.S. Bank National Association, the trustee of the securitization trust, claims that a large number of the mortgages, originated by defendant, GreenPoint Mortgage...

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