Asset Securitization Corp. v. Orix Capital Mkts., LLC

In Asset Securitization Corp. v. Orix Capital Mkts., LLC (12 AD3d 215 [1st Dept 2004 ]) the court held that the sponsor of a commercial mortgage-backed securitization lacked standing to commence litigation on behalf of the certificateholders because the PSA did not authorize the plaintiff to commence litigation but, rather, committed that authority "solely" to the trustee.