LDIR LLC etc. et al.Ace Securities Corp. etc. v DB Structured Products Inc.

Motion No: M-2975

Slip Opinion No: 2019 NYSlipOp 80596(U)

Decided on September 26, 2019

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.

September 26, 2019

LDIR, LLC, etc., et al., Plaintiffs, Ace Securities Corp., etc., Plaintiff-Appellant,

Action No. 1

v

DB Structured Products, Inc.,

Defendant-Respondent,

HSBC Bank USA, National Association,

as Trustee,

Defendant,

ACE Securites Corp. Home Equity Loan

Trust, Series 2007-ASAP1,

Nominal Defendant.

- - - - - - - - - - - - - -

Freedom Trust, etc.

Plaintiff,

Ace Securities Corp., etc.,

Plaintiff-Appellant, Action No. 2

Index No. 652985/12

v

DB Structured Products, Inc.,

Defendant-Respondent,

HSBC Bank USA, etc.,

Nominal Defendant.

Defendant-respondent in both actions having moved (M-2734 & M-2831) for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on April 25, 2019 (Appeal Nos. 8522-8523), And the plaintiff-appellant in both actions having cross moved (M-2973 & M-2975) for leave to appeal to the Court of Appeals, from the aforesaid decision and order of this Court, entered on April 25, 2019 (Appeal Nos. 8522-8523), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions and cross motions are denied.

All concur except Tom, J., who dissents as follows:

Tom, J. (dissenting) I would grant the parties' motions for leave to appeal to the Court of Appeals.ENTERED: September 26, 2019

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick,Justice Presiding,Rosalyn H. Richter Peter Tom Marcy L. Kahn Peter H. Moulton,Justices

M-2975

M-2973

M-2831

M-2734

Index No. 650949/13