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Re: brandemarcus post# 8618

Tuesday, 11/28/2017 11:38:14 AM

Tuesday, November 28, 2017 11:38:14 AM

Post# of 11618
REMITTITUR is...just filed in Greenpoint case, basically spanking Greenpoint -

http://iapps.courts.state.ny.us/iscroll/SQLData.jsp?IndexNo=600352-2009





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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