Narrative Opinion Summary
The memorandum discusses the case of The Bank of New York Mellon, acting as Securities Administrator for J.P. Morgan Mortgage Acquisition Trust 2006-WMC4, against WMC Mortgage, LLC, and J.P. Morgan Mortgage Acquisition Corporation, among others. The court reviewed submissions under section 500.11 of the Rules and affirmed the lower court's order, awarding costs. The certified question was answered affirmatively. The motion by the defendants-appellants to dismiss the plaintiff's third and fourth causes of action, as well as part of the seventh cause of action related to breaches of warranties by J.P. Morgan Mortgage Acquisition Corporation, was properly denied. All judges, including Chief Judge DiFiore, concurred in the decision, which was made on October 25, 2016.
Legal Issues Addressed
Affirmation of Lower Court's Ordersubscribe to see similar legal issues
Application: The appellate court upheld the decision of the lower court, confirming that the lower court's ruling was correct and awarding costs to the prevailing party.
Reasoning: The court reviewed submissions under section 500.11 of the Rules and affirmed the lower court's order, awarding costs.
Concurrence of Judicial Decisionsubscribe to see similar legal issues
Application: The decision was reached with unanimous agreement among all judges, indicating a strong consensus in the interpretation of the law.
Reasoning: All judges, including Chief Judge DiFiore, concurred in the decision, which was made on October 25, 2016.
Motion to Dismiss Causes of Actionsubscribe to see similar legal issues
Application: The court denied the defendants-appellants' motion to dismiss specific causes of action, allowing the plaintiff to proceed with these claims.
Reasoning: The motion by the defendants-appellants to dismiss the plaintiff's third and fourth causes of action, as well as part of the seventh cause of action related to breaches of warranties by J.P. Morgan Mortgage Acquisition Corporation, was properly denied.