Legal Opinion · Dissent
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, 2010Published
1Dissent
Sweeny, J. (dissenting).
Since I believe that there is an issue of fact whether defendants were properly placed on notice that *45plaintiff would be invoking its contractual right of indemnification, I dissent.
As part of a bankruptcy proceeding commenced by entities referred to as Centennial Resources, Inc. (Centennial), the predecessor companies of plaintiff (Bankers Trust) and defendant Tri-Links Investment Trust provided a $15 million debtor-in-possession (DIP) loan to Centennial. This loan was memorialized in a Debtor-in-Possession Credit and Guaranty Agreement (DIP Agreement) executed by…
2Cases cited7 opinions
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
- Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- News America Marketing, Inc. v. Lepage Bakeries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Prescott v. . Le ConteNew York Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.