U.S. Bank National Ass'n v. Dexia Holdings, Inc.
U.S. Bank National Ass'n v. Dexia Holdings, Inc.
Opinion
SUMMARY ORDER
Plaintiff-Appellant U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C28, acting by and through its Special Servicer CWCapital Asset Management LLC (“Trust”) appeals the District Court’s judgment awarding attorney’s fees to Defendant-Appellee Dexia Holdings, Inc., successor in interest to Dexia Real Estate Capital Markets, formerly known as Arte-sia Mortgage Capital Corporation (“De-xia”) in the litigation between them.
To resolve this appeal, we need reach only four of the Trust’s arguments. These arguments are that the District Court erred in: (1) declining to adhere to what the Trust asserts was the law of the case; (2) interpreting the plain language of the applicable contracts to require the Trust to pay Dexia’s attorney’s fees; (3) declining to reduce the award of fees against the Trust to avoid an inequitable result; and (4) refusing to offset Dexia’s recovery in a separate proceeding against the attorney’s fee award in the instant case. Upon due consideration, we conclude—for substantially the same reasons given by the District Court—that these arguments are without merit. 1 See U.S. Bank Nat’l Ass’n v. Dexia Real Estate Capital Mkts., No. 12 Civ. 9412, 2016 WL 4368377, at *7 (S.D.N.Y. Aug. 12, 2016) (law of the case); id. at *4 (plain text of contracts); id. at *8 (equity); U.S. Bank Nat’l Ass’n v. Dexia Real Estate Capital Mkts., No. 12 Civ. 9412, 2016 WL 6996176, at *4-7 (S.D.N.Y. Nov. 30, 2016) (offset).
CONCLUSION
We therefore AFFIRM the District Court’s judgment of December 19, 2016.
. In light of our resolution of these four issues, we do not decide, for example, whether the District Court "erred in interpreting the obligation to pay attorneys' fees as a 'remedy.' ” PI.-Appellant Br. 35.
Reference
- Full Case Name
- U.S. BANK NATIONAL ASSOCIATION, as Trustee FOR the REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C28, Acting by and Through Its Special Servicer CWCapital Asset Management LLC, Plaintiff-Appellant, v. DEXIA HOLDINGS, INC., Successor in Interest to Dexia Real Estate Capital Markets, F/K/A Artesia Mortgage Capital Corporation, Defendant-Appellee
- Cited By
- 1 case
- Status
- Unpublished