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DEUTSCHE BANK v. TRI-LINKS

112904/04, 372

74 A.D.3d 32 (2010)

900 N.Y.S.2d 246

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

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

Decided April 13, 2010.

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.

Constantine Cannon, LLP, New York City ( Amianna Stovall of counsel), for respondents.

CATTERSON, RENWICK and FREEDMAN, JJ., concur with FRIEDMAN, J.P.; SWEENY, J., dissents in a separate opinion.

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...

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