CHEM. BANK v. DANIEL LAURENT, LTD.


100 A.D.2d 792 (1984)

Chemical Bank, Appellant, v. Daniel Laurent, Ltd., Respondent, et al., Defendant

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

April 17, 1984


¶ There is an issue of fact as to whether defendant Laurent's acceptance of the goods was under such circumstances as to constitute a waiver of the defects in the documentation required by the letter of credit. ¶ As to the counterclaims, while we have very grave reservations as to their validity as counterclaims, it is conceivable that the payment made by defendant Laurent may constitute a partial defense in mitigation...

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