United States Second Circuit
Bank of New York Mellon Trust v. Morgan Stanley Mortgage, 14-2619
In a breach‐of‐contract action involving an $81 million mortgage loan purchase agreement, the district court's judgment in favor of defendant is reversed where: 1) the contract at issue did not require notice to cure as a condition precedent to defendant remedying breach; and 2) the notice of breach and request for cure in this case cannot be held untimely as a matter of law, particularly when reviewed for substantial performance.
Appellate Information
- Published 2016/04/27
Judges
- RAGGI
Court
- United States Second Circuit