• SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
  • Mazzarelli, J.P., Moskowitz, Manzanet-Daniels, Román, JJ.
8065-8065A. ASR LEVENSVERZEKERING NV plf-ap, v. BREITHORN ABS FUNDING P.L.C., ET AL. def, SWISS RE FINANCIAL PRODUCTS CORPORATION, ET AL., def-res — Motley Rice LLC, New York (William H. Narwold of counsel), for ap — Quinn Emanuel Urquhart & Sullivan, LLP, New York (Phillipe Z Selendy of counsel), for Swiss Re Financial Products Corporation, res — Satterlee Stephens Burke & Burke LLP, New York (James Regan of counsel), for Bank of New York Mellon Corporation, res — Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 5, 2011, dismissing the complaint as against defendants Swiss Re Financial Products Corporation and Bank of New York Mellon Corporation, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered October 17, 2011, which granted said defendants' motion to dismiss, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.