Order, Supreme Court, New York County -(Marcy S. Friedman, J.), entered April 28, 2017, which denied defendant's motion to reverse the order of a special referee, dated December 2, 2016, denying its motion to compel production of documents by nonparty respondent Syncora Guarantee, Inc., unanimously affirmed, with costs. This is a residential mortgage-backed securities put-back action in which the trustee seeks to enforce its contractual rights of repurchase of the mortgage loans in the trust. Nonparty respondent Syncora is the issuer of a financial guaranty policy for a certain class of notes in the trust. Any losses it sustained, or efforts it made to mitigate damages, are not relevant to the trust's claims. We have considered the defendant's remaining contentions and find them unavailing. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: NOVEMBER 2, 2017 64 FILED: NEW YORK COUNTY CLERK 11/27/2017 01:20 PM INDEX NO. 600352/2009 NYSCEF DOC. NO. 959 RECEIVED NYSCEF: 11/27/2017
Signed <Court CLERK>
======== What's a REMITTITUR?
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A remittitur is a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because the amount awarded exceeded the amount demanded. The term is sometimes used for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded, but is otherwise considered excessive. An example of the latter is the high-profile file-sharing court case Capitol v. Thomas.
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages. The term is also sometimes used in place of "remand" or a mandate—that is, moving a case from a higher court to a lower court.[1] Notably, under California law, the Court of Appeal issues a remittitur after an appeal is heard and decided. In contrast, the U.S. federal Courts of Appeals issue a mandate.
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