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

  1. Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
  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. News America Marketing, Inc. v. Lepage Bakeries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Prescott v. . Le ConteNew York Court of Appeals · 1904

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