Sullivan & Cromwell LLP, New York City (Darrell S. Cafasso, Robert A. Sacks and Brent J. McIntosh of counsel), for appellants.
Holwell Shuster & Goldberg LLP, New York City (Michael S. Shuster, Dwight A. Healy and Scott M. Danner of counsel), for respondent.
Securities Industry and Financial Markets Association, Washington, D.C. (Kevin M. Carroll of counsel), and Stroock & Stroock & Lavan LLP, New York City (Michael C. Keats and David J. Kahne of counsel), for Securities Industry and Financial Markets Association, amicus curiae.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order affirmed, with costs, and certified question answered in the affirmative. The motion of defendants-appellants, insofar as it sought to dismiss plaintiff's third and fourth causes of action and so much of the seventh cause of action as is based on breach of J.P. Morgan Mortgage Acquisition Corporation's warranties, was properly denied.
Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur.