Court:
New York Court of Appeals

Amicus Issue:
Whether a plaintiff may circumvent a sole remedy provision within a pooling and services agreement – which provides that the sole remedy for a breach of the mortgage representations is cure or repurchase of the loans – by also alleging that the defendant willfully or with gross negligence included numerous defective loans in the pool and failed to repurchase such loans on demand.

Counsel of Record:
Hughes Hubbard & Reed LLP
Shahzeb Lari

Other Amici:
None.