BAMBERGER POLYMERS v. CITIBANK


124 Misc.2d 653 (1983)

Bamberger Polymers International Corp., Plaintiff, v. Citibank, N. A., Defendant.

Supreme Court, Special Term, New York County.

December 22, 1983


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Bruce H. Schneider of counsel), for plaintiff. Harvis & Zeichner (Mark Zeichner of counsel), for defendant.


EDWARD J. GREENFIELD, J.

This motion by plaintiff pursuant to CPLR 3213 for summary judgment in lieu of complaint raises the question of whether a bank which is designated as an advising and paying bank in a letter of credit transaction has the right to set off if the letter of credit has been assigned.

To facilitate the sale and shipment of polypropylene resin for shipment to Peking, the Bank of China issued an irrevocable letter of credit in...

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