Natixis Real Estate Capital Trust v Natixis Real Estate Capital Inc.

Motion No: M-383

Slip Opinion No: 2020 NYSlipOp 63184(U)

Decided on February 20, 2020

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.

February 20, 2020

Natixis Real Estate Capital Trust

2007-HE2, by Computershare Trust

Company, National Association, solely

in its capacity as Separate Securities

Administrator, Plaintiff-Respondent,

v

Natixis Real Estate Capital, Inc.,

Defendant-Appellant.

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

Natixis Real Estate Holdings LLC,

successor-in-interest to Natixis

Real Estate Capital Inc., formerly

know as Ixis Real Estate Capital Inc.,

Third-Party Plaintiff-Respondent-Index No. 565610/15

Appellant,

v

Wells Fargo Bank, N.A.,

Third-Party Defendant-Appellant-

Respondent.

Separate appeals having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 10, 2019,And defendant-appellant/third-party plaintiff-respondent-appellant Natixis Real Estate Holdings LLC, successor-in-interest to Natixis Real Estate Capital, Inc., having moved for an order directing the Clerk of this Court to issue a second, separate Appellate Division calendar Number relating to the appeal taken

by Natixis from the portion of the order resolving the plaintiff's motion to dismiss the first party action or, in the alternative, permitting Natixis to pursue that portion of the appeal utilizing a separate record and brief under the same Appellate Division calendar number,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: February 20, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Angela M. Mazzarelli Ellen Gesmer Cynthia S. Kern,Justices

M-383

Index No. 153945/13