Opinion
Motion No. 2022-03852 Index Nos. 654443/15654442/15 654440/15 654439/15 654436/15 654438/15 Nos. 2021-01661 2021-01667 2021-01680 2021-01813 2021-01816 2021-01988
11-10-2022
IKB International, S.A., etc., et al., Plaintiffs-Respondents-Appellants, v. Wells Fargo Bank, N.A., as Trustee (and any predecessors and successors thereto), et al., Defendants-Appellants-Respondents, ABFC 2006-OPT1 Trust, et al., Nominal Defendants. IKB International, S.A., etc., et al., Plaintiffs-Respondents-Appellants, v. U.S. Bank, N.A., as Trustee (and any predecessors and successors thereto), et al., Defendants-Appellants-Respondents, Asset Backed Securities Corp., et al., Nominal Defendants. IKB International, S.A., etc., et al., Plaintiffs-Respondents-Appellants, v. HSBC Bank USA N.A., as Trustee (and any predecessors and successors thereto), Defendant-Appellant-Respondent, Ace Securities Corp., et al., Nominal Defendants. IKB International, S.A., etc., et al., Plaintiffs-Respondents-Appellants, v. Deutsche Bank National Trust Company, as Trustee (and any predecessors and successors thereto), et al., Defendants-Appellants-Respondents, Accredited Mortgage Loan Trust 2004-3, et al., Nominal Defendants. IKB International, S.A., etc., et al., Plaintiffs-Respondents-Appellants, v. LaSalle Bank N.A., as Trustee (and any predecessors and successors thereto), et al., Defendants-Appellants-Respondents, Accredited Mortgage Loan Trust 2005-3, et al., Nominal Defendants. IKB International, S.A., etc., et al., Plaintiffs-Respondents-Appellants, v. The Bank of New York, as Trustee (and any predecessors and successors thereto), et al., Defendants-Appellants-Respondents, Centex Home Equity Loan Trust 2004-B, et al., Nominal Defendants.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Anil C. Singh Peter H. Moulton Tanya R. Kennedy, Justices.
Defendants-appellants respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on August 30, 2022 (Appeal Nos. 16049, 16050, 16051, 16052 and 16053), 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 granted, pursuant to CPLR 5602(b), and this Court, pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals:
Was the order of Supreme Court, which was partially modified and otherwise affirmed by this Court, properly made?
This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.