In Assured Guaranty Municipal Corp. v. DLJ Mtge. Capital. Inc. (117 AD3d 450, 988 N.Y.S.2d 132 [2014], modifying 37 Misc. 3d 1212[A], 964 N.Y.S.2d 57, 2012 NY Slip Op 52001[U], 2012 WL 5192752, Supreme Court, NY County, Index No. 652837/11 [Oct. 11,'12]) (Assured Guar. [DLJ]), the First Department concluded, also based on the terms of the PSAs, that a monoline insurer had the right to seek their enforcement. There, the PSAs, as quoted in the trial court decision, expressly provided that "the Certificate Insurer shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto, and shall have the right to enforce the provisions of this Agreement." (37 Misc. 3d 1212[A], 964 N.Y.S.2d 57, 2012 NY Slip Op 52001[U], 2012 WL 5192752, at 4.) The PSAs also contained a provision (section 13.01) that "unless a Certificate Insurer Default has occurred and is continuing, the Certificate Insurer shall have the right to exercise all rights of the Holders of the Insured Certificates under this Agreement. . . ," including the right to require the Seller to repurchase the loans pursuant to PSA 2.03. (Id.) The First Department held that the insurer's remedies were not restricted by section 13.01, which it described as "merely comprising acknowledgement of the certificate insurer's right to exercise the rights of the certificate holders without their further consent." (117 AD3d at 451.) The PSAs also contained a provision under which the certificate insurer's sole remedy for defects in mortgage documentation was cure or repurchase of the affected loan, whereas it was not one of the parties limited by the sole remedy provision applicable to breaches of the representations and warranties regarding the loans. (Id. at 450-451.)