DEUTSCHE BANK v. TRI-LINKS


43 A.D.3d 56 (2007)

837 N.Y.S.2d 15

DEUTSCHE BANK TRUST COMPANY OF AMERICAS, Appellant, v. TRI-LINKS INVESTMENT TRUST et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 2007.


Attorney(s) appearing for the Case

O'Hare Parnagian LLP, New York City (Robert A. O'Hare, Jr. and Michael G. Zarocostas of counsel), for appellant.

Dreier LLP, New York City (Michael B. Roth and Amianna Stovall of counsel), for respondents.

TOM, J.P., WILLIAMS and MALONE, JJ., concur.


OPINION OF THE COURT

FRIEDMAN, J.

A party suing to enforce an alleged right to indemnification for the costs of defending and settling a prior lawsuit does not thereby, without more, place at issue the party's privileged communications with counsel concerning the prior lawsuit and settlement. So far as the record for this appeal discloses, plaintiff, in commencing and prosecuting this action, has done nothing to waive the protection of the attorney-client...

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