Motion-Secondary: One William Street Capital Management L.P., One William Street Capital Master Fund, Ltd., Ows Abs Master Fund Ii, L.P. v. U.S. Education Loan Trust Iv, Llc, U.S. Education Servicing Llc, Dr. Henry Howard, Bank Of New York, Kildare Capital, Inc.

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                                (FILED: NEW YORK COUNTY CLERK 1072072015 05:03 PM                                                           INDEX   NO.    652274/2012
NYSCEF   DOC.         NO.    404                                                                      RECEIVED   NYSCEF:    10/20/2015




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF NEW YORK


                ONE WILLIAM STREET CAPITAL                                         Index No. 652274/2012
                MANAGEMENT L.P.,                                                   Motion Seq. No. 012
                                                                                   TAS Part 3
                                              Petitioner/Plaintiff,               Justice Bransten

                Vv.
                                                                                  AFFIRMATION          OF TANYA E.
                                                                                  KALIVAS IN OPPOSITION TO
                EDUCATION LOAN TRUST IV, et al.,
                                                                                  RESPONDENTS’ SECOND
                                              Respondents/Defendants.
                                                                                  MOTION FOR SUMMARY
                                                                                  JUDGMENT


                  I, Tanya E. Kalivas, affirm as follows under penalty of perjury:


                             1     I am a member of the firm of Amold & Porter LLP, counsel for

                  Petitioner/Plaintiff One William Street Capital Management L.P. (“OWS”) in this action. I am

                  admitted to practice law before the Courts of the State of New York. I submit this affirmation

                  in opposition to Respondents’ second motion for summary judgment.

                            2      Attached hereto as Exhibit A is a true and correct copy of an excerpt from

                  OWS’s Original Petition filed in this action on June 28, 2012.

                            3      Attached hereto as Exhibit B is a true and correct copy of an excerpt from

                  OWS’s First Amended Petition filed in this action on September 24, 2013.

                            4      Attached hereto as Exhibit C is a true and correct copy of an excerpt of

                 OWS’s Brief for Petitioner/Plaintiff-Appellant filed on September 30, 2013 in the

                 Appellate Division, First Department in One William Street Capital Management L.P. v.

                 Education Loan Trust IV, et al. in OWS’s             appeal of this Court’s August    14, 2013 Decision

                 and Order regarding Motion Sequence 001.

                            5      Attached hereto as Exhibit D is a true and correct copy of the Stipulation and
Order entered in this action on June 26, 2014 staying discovery on remaining claims.

        6         Attached hereto as Exhibit E is a true and correct copy of the Order and

Decision entered in this action regarding Motion Sequences 001-004, dated August 14,

2013.

        7         Attached hereto as Exhibit F is a true and correct copy of the Affidavit of

Mary Elizabeth Miller, Director of Merrill Lynch, Pierce, Fenner & Smith Incorporated, as

filed by OWS in this action on October 11, 2012.




Dated: New       York, New York

            October 20, 2015

                                                                 S
                                                     Tany:    . Kalivas