The following e-filed documents, listed by NYSCEF document number (Motion 048) 1841, 1842, 1843, 844, 1845, 1846, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857, 1858, 1859, 1860, 1861, 1862, 1863, 1864, 1865, 1866, 1867, 1868, 1869, 1870, 1871, 1872, 1873, 1874, 1875, 1876, 1877, 1878, 1879, 1880, 1881, 1882, 1883, 1884, 1885, 1886, 1887, 1888, 1889, 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1912, 1922, 1923, 1924, 1925, 1926, 1928, 1929, 1930 1931, 1932 1933,1934,1935were read on this motion to/for MISCELLANEOUSThe following e-filed documents, listed by NYSCEF document number (Motion 049) 1897, 1898, 1899, 1916, 1917, 1921, 1936were read on this motion to/for STRIKE JURY DEMANDThe following e-filed documents, listed by NYSCEF document number (Motion 050) 1900, 1901, 1902, 1913, 1927, 1937were read on this motion to/for MISCELLANEOUSThe following e-filed documents, listed by NYSCEF document number (Motion 051) 1903, 1904, 1905, 1906, 1907, 1908, 1914, 1919, 1938, 1939, 1940, 1941, 1942, 1943, 1944were read on this motion to/for SEVERThe following e-filed documents, listed by NYSCEF document number (Motion 052) 1909, 1910, 1911, 1915, 1920, 1945,were read on this motion to/for STRIKE JURY DEMANDThe following e-filed documents, listed by NYSCEF document number (Motion 054) 1960, 1961, 1962, 1963, 1964, 1965, 1966, 1967, 1968, 1972, 1973, 1974, 1975, 1976, 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1986, 1987were read on this motion to/for DISMISSALDECISION AND ORDER Upon the foregoing documents, it is,Plaintiff Ambac Assurance Corporation (Ambac), a monoline financial guaranty insurer, agreed to insure payments of principal and interest owed to the holders of residential mortgage-backed securities sponsored by defendants Countrywide Home Loans, Inc., Countrywide Securities Corp. and Countrywide Financial Corp. (collectively, Countrywide, or the Countrywide defendants). Between 2004 and 2006, Ambac insured 17 residential mortgage-backed securities (RMBS) transactions issued by Countrywide. These RMBS transactions were backed by more than 375,000 individual mortgage loans, which Countrywide had originated or acquired, and then put into securitization trusts. In exchange for substantial premiums, Ambac issued unconditional, irrevocable insurance policies, agreeing to insure certain payments to the investors.In 2010, Ambac commenced this action against the Countrywide defendants, asserting claims including breach of contract and fraud arising from the 17 RMBS transactions. Ambac alleges that Countrywide fraudulently induced it to enter into the insurance agreements, and that Countrywide breached several contractual representations and warranties in the securitization transaction documents regarding Countrywide’s underwriting practices in issuing mortgage loans to borrowers that comprised the securities.Ambac also asserts successor-liability and alter ego claims against defendant Bank of America Corp. (BAC) to hold BAC jointly and severally liable for all damages arising from Countrywide’s alleged wrongdoing.Motion Sequence Nos. 048, 049, 050, 051, 052 and 54 are consolidated for disposition. In Motion Sequence No. 048, the Countrywide defendants move for an order of preclusion to bar Ambac from using statistical sampling to prove liability or damages for breach of contract.In Motion Sequence No. 049, the Countrywide defendants move to strike Ambac’s jury demand as to its first cause of action.In Motion Sequence No. 050, the Countrywide defendants move for an order determining the loans at issue on Ambac’s breach of contract claims.In Motion Sequence No. 051, BAC moves to sever Ambac’s contingent-liability claims for trial and postpone any trial until after a judgment is entered on the primary-liability claims.In Motion Sequence No. 052, BAC moves to strike Ambac’s jury demand for its claims against BAC.In Motion Sequence No. 054, the Countrywide defendants move to dismiss, or in the alternative, for summary judgment dismissing Ambac’s fraudulent inducement cause of action because damages in the fraud case are the damages as in the contract case.For the reasons set forth below, all the motions are denied.I. BACKGROUNDThe factual background of this action has been fully set forth in previous decisions of this court and will only be repeated as necessary for clarification. For a comprehensive background see the Court of Appeals decision in Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 31 N.Y.3d 569, 575 (2018).II. DISCUSSIONA. BAC’s Motion to Sever Ambac’s Contingent-Liability Claims (Motion Sequence No. 051)In Motion Sequence No. 051, BAC moves to sever the primary-and successor-liability claims in this action, and to postpone a trial on the latter claims until the primary-liability claims have been resolved. The Countrywide defendants join in BAC’s motion. See NYSCEF Doc. No 1908.Ambac’s six causes of action against the Countrywide defendants are premised on its allegations that the Countrywide defendants breached their contracts and made materially false or misleading statements between 2004 and 2006 concerning their mortgage origination practices and the characteristics of the loans that were sold in the 17 RMBS transactions that Ambac insured. See Second Amen. Comp.,
7-15.Ambac seeks to hold BAC liable on those six causes of action, on the theory that BAC “is jointly and severally liable for any and all damages resulting to Plaintiffs” from that alleged wrongdoing because (1) BAC is “Countrywide’s successor in liability” as a result of a “de facto merger,” between Countrywide and BAC, accomplished through a series of coordinated transactions that commenced in 2008; and (2) “Countrywide and Bank of America are alter egos of one another”. See id. at
