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MBIA v. Countrywide and BofA, Motion to Dismiss Oral Argument Transcript

MBIA v. Countrywide and BofA, Motion to Dismiss Oral Argument Transcript

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Published by Isaac Gradman
MBIA v. Countrywide, BofA Transcript from Hearing on Motion to Dismiss vicarious liability claims. Visit http://subprimeshakeout.blogspot.com/2010/06/bofa-and-countrywide-appeal-order.html for analysis.
MBIA v. Countrywide, BofA Transcript from Hearing on Motion to Dismiss vicarious liability claims. Visit http://subprimeshakeout.blogspot.com/2010/06/bofa-and-countrywide-appeal-order.html for analysis.

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Published by: Isaac Gradman on Jun 10, 2010
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Page 1
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY - CIVIL TERM - PART 3
MBIA INSURANCE CORPORATION,Plaintiff,-against-
COUNTRYWIDE HOME LOANS, INC.,
COUNTRYWIDE SECURITIES CORP.,
COUNTRYWIDE FINANCIAL CORP.,COUNTRYWIDE HOME LOANS SERVICING, LP andBANK OF AMERICA CORP.,
Defendants.
Index # 602825/08
HEARING60 Centre Street
New York, New York 10007
December 9, 2009
BEFORE:
HONORABLE EILEEN BRANSTEN,
Justice.APPEARANCES:
QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP
51 Madison Avenue - 22nd FloorNew York, New York 10010BY: PHILIPPE Z. SELENDY, ESQ.MANISHA M. SHETH, ESQ.PETER E. CALAMARI, ESQ.NICHOLAS JOSEPH, ESQ.
Attorneys for Plaintiff
AW
 
Page 2
3 GUNSTER, YOAKLEY& STEWART, P.A.
225 Water Street - Suite 1750Jacksonville, Florida 32202-5185BY: WILLIAM E. ADAMS, JR., ESQ.Attorneys for Defendants
8 GOODWIN PROCTER
The New York Times Building
620 Eighth Avenue
New York, New York 10018-1405
BY: DAVID J. APFEL, ESQ.
LARKIN M. MORTON, ESa.
MARK HOLLAND, ESQ.
Attorneys for Defendants
20212325
ALDORINE WALKER, RPR
26
Official Court Reporter
AW
 
Page 3
1 Proceedings
2 THE COURT: The first motion, Motion Sequence3 Number 10, I have to say that you have not reached
4 anywhere near another very large case that I have,5 where they have gone up to Motion Sequence Number 79.
6 I don't wish that on you. But we are moving in that
7 direction.
8 So, Motion Sequence Number 10, it's Defendant's
9 motion that plaintiff's reassertion of negligent~o misrepresentation should be dismissed, basically, on1~ the same grounds as we went through the original --~2 well, not exactly, but generally the same grounds as we
13 went through in the decision that I rendered under the14 first complaint.is MR. APFEL: In July.
~6 THE COURT: So, okay. With that, I'm going
17 to ask Mr. Apfel to talk to me about that motion.
18 MR. APFEL: Your Honor, may I use the podium?
19 THE COURT: Yes. Absolutely.20 MR. APFEL: Before we begin on the motion to
21 di smi s s , I have two housekeeping matters. If we could22 skip just for a moment to Motion Sequence Number 11.23 That's a consented to pro hac vice motion to admit my
24 partner, Sarah Heaton Concannon, to appear before Your25 Honor. She is not here today. I'm not sure she needs26 to be for purposes of the argument, but it's a
AW

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