Bank Of New York Mellon Decision A Win For Trustees

Law360, New York (April 16, 2015, 10:26 AM EDT) -- In a recent decision, the Supreme Court of New York's Appellate Division (First Department) (appellate court) approved a settlement agreement between a large group of certificate holders for mortgage-backed securities (institutional investors), for which Bank of New York Mellon serves as trustee, and Countrywide Home Loans and Bank of America. In its ruling, the appellate court partially reversed the lower court's limited approval of the settlement by finding that the lower court improperly second-guessed the judgment of the trustee and did not accord that judgment proper deference when considering approval of the settlement....

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