New York State Medical Care Facilities Finance Agency v. Bank of Tokyo Trust Co.

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about January 12, 1995, which denied defendant-appellant’s motion for summary judgment and, upon a search of the record, granted judgment in favor of plaintiff, and referred the matter for an inquest on damages, unanimously affirmed, with costs.

The indenture trustee’s claim that the indenture did not require it to notify plaintiff of the bond redemption call is without merit. Section 602 (5) of the indenture unequivocally required the trustee to "advise [plaintiff! in writing, on or before the twentieth day of each…