A party suing to enforce purported indemnification rights for the costs of a prior lawsuit does not automatically waive its attorney-client privilege for communications from the prior action, a New York appellate panel has held.

“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 privilege or the work-product doctrine as to materials concerning the defense and settlement of the prior lawsuit for which indemnity is sought,” Justice David Friedman wrote for the unanimous Appellate Division, 1st Department, panel in Deutsche Bank Trust Company of Americas v. Tri-Links Investment Trust, 8893N.

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