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United States Second Circuit

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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

  • Decided
  • Published 2016/04/27




  • United States Second Circuit


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