Legal Opinion

Deutsche Bank Trust Co. of Americas v. Tri-Links Investment Trust

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 2010PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.P.

The main issue on this appeal is whether defendant Tri-Links Investment Trust (Tri-Links),1 against which plaintiff Bankers Trust Company (Bankers Trust)2 asserts a contractual right to indemnification for the costs of defending and settling a prior lawsuit, was afforded sufficient notice of the lawsuit to enable Bankers Trust to recover indemnity without having to prove that it would have been held liable had the lawsuit been tried to judgment. On this record, we hold that Tri-Links’ notice of the lawsuit brought against Bankers Trust by Western Mining &…

2Cases cited16 opinions

  1. Deutsche Bank Trust Co. v. Tri-Links Investment TrustAppellate Division of the Supreme Court of the State of New York · 2007
  2. Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
  3. Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
  4. Gray Manufacturing Co. v. Pathe Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  5. Fidelity National Title Insurance v. First New York Title & Abstract Ltd.Appellate Division of the Supreme Court of the State of New York · 2000

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3Cited by10 opinions

  1. Genger v. GengerDistrict Court, S.D. New York · 2015
  2. Caruso v. Northeast Emergency Medical Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Marine v. MacreadyDistrict Court, E.D. New York · 2011
  4. Residential Funding Co. v. HSBC Mortgage Corp. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2015
  5. HSBC Bank USA, N.A. v. Nomura Credit & Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2025

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