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WILMINGTON TRUST COMPANY v. MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC

4427, 652686/13.

152 A.D.3d 421 (2017)

2017 NY Slip Op 05565

58 N.Y.S.3d 358

WILMINGTON TRUST COMPANY, Appellant, v. MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC et al., Respondents.

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

Decided July 11, 2017.

Plaintiff trustee sufficiently alleged a claim for indemnification under section 5 (c) of the Third Amended and Restated Master Mortgage Loan Purchase Agreement (MSCC Purchase Agreement). That section provides that MSCC, as Seller, "shall indemnify Purchaser and hold it harmless against any loss, damages, penalties, fines, forfeitures, legal fees and related costs, judgments, and other costs and expenses resulting from any claim...

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