In re Part 60 RMBS PutBack Litigation v Natixis Real Estate Capital Inc. 153945/13 /Counterclaim 595610/15

Motion No: M-2832

Slip Opinion No: 2018 NYSlipOp 86144(U)

Decided on October 16, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 16, 2018

In re Part 60 RMBS Put-Back Litigation

- - - - -

Natixis Real Estate Capital

Trust 207-HE2, etc.,

Plaintiff/Counterclaim

Defendant-Respondent,

v

Natixis Real Estate Capital, Inc., 153945/13

Defendant/Counterclaim 595610/15

Plaintiff-Appellant,

- - - - -

Natixis Real Estate Holdings LLC, etc.,

Third-Party Plaintiff-Appellant,

v

Wells Fargo Bank, N.A.,

Third-Party Defendant-Respondent.

Defendant/third-party plaintiff-appellant Natixis Real Estate Holdings LLC, having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on May 3, 2018 (Appeal No. 6469N),Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: October 16, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern, Justices

M-2832

Index Nos. 777000/15