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CROW FORGINGS v. AERO INDS

93 Misc.2d 65 (1978)

W. Pat Crow Forgings, Inc., Respondent, v. Moorings Aero Industries, Inc., Respondent and Third-Party Plaintiff-Respondent. Bank Leumi Trust Company of New York, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

January 19, 1978

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl (Mark Abramowitz and Menachem J. Kastner of counsel), for third-party defendant-appellant.

Concur: FARLEY, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Order is unanimously reversed, without costs, third-party defendant's motion for summary judgment granted and third-party complaint dismissed.

In our opinion, Bank Leumi's refusal to honor the letters of credit was justified since, by their express terms, the letters had expired prior to the presentation of the required documents. We note that said letters of credit are governed by the Uniform Customs...

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