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DEUTSCHE BANK NATL. TRUST CO. v. EQUIFIRST CORP.

4814, 651957/13.

154 A.D.3d 605 (2017)

2017 NY Slip Op 07532

63 N.Y.S.3d 348

DEUTSCHE BANK NATIONAL TRUST COMPANY, Solely in its Capacity as Trustee of the EQUIFIRST LOAN SECURITIZATION TRUST 2007-1, Appellant, v. EQUIFIRST CORPORATION et al., Respondents, et al., Defendant.

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

Decided October 26, 2017.

Plaintiff trustee sufficiently alleged a claim for indemnification. The indemnification provisions of the Mortgage Loan Purchase Agreement and the Pooling and Servicing Agreement reflect the unmistakable intent that plaintiff may recover its legal expenses incurred in enforcing the representations and warranties at issue (see Hooper Assoc. v AGS Computers, 74 N.Y.2d 487, 492 [1989];

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