C. LIEVENSE, LTD. v. SUISSE


285 A.D. 1046 (1955)

C. Lievense, Ltd., Respondent, v. Credit Suisse, Appellant, et al., Defendant

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

April 26, 1955.


Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion of the defendant Credit Suisse for summary judgment granted.

As to the first cause of action, there is no triable issue with regard to the alleged failure of defendant Credit Suisse to perform its letter of credit agreement. By its agreement, Credit Suisse undertook to pay on the basis of its receipt of a letter from the Slavenburg's Bank in which the latter stated that it...

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