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Court of Appeals of New York


Trust for Cert. Holders of Merrill Lynch Mortg. Invs., Inc. v. Love Funding Corp., 123

In response to a certified question from the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals answered as follows: a corporation or association that takes an assignment of a claim does not violate Judiciary Law section 489(1) if its purpose is to collect damages, by means of a lawsuit, for losses on a debt instrument in which it holds a pre-existing proprietary interest.

Appellate Information

  • Decided 10/20/2009
  • Published 10/20/2009

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Court

  • Court of Appeals of New York

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