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U.S. Bank N.A. v. GreenPoint Mortgage Funding

94 A.D.3d 58, 939 N.Y.S.2d 395 (2012)

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U.S. Bank N.A. v. GreenPoint Mortgage Funding

New York Supreme Court, Appellate Division
94 A.D.3d 58, 939 N.Y.S.2d 395 (2012)

Facts

U.S. Bank N.A. (bank) (plaintiff) sued GreenPoint Mortgage Funding, Inc. (GreenPoint) (defendant) regarding the sale of mortgage-backed securities. As part of the discovery process, the bank asked GreenPoint to produce electronically stored information (ESI). GreenPoint moved for an order directing the bank to pay the costs of producing the ESI; the bank responded that GreenPoint should bear that cost. The supreme court decided that the bank, as the requesting party, should be responsible for the cost of producing the ESI. The bank appealed.

Rule of Law

Issue

Holding and Reasoning (Acosta, J.)

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