NAT'L BANK OF N. AM. v. ALIZIO


65 N.Y.2d 788 (1985)

National Bank of North America, Respondent, v. Anthony Alizio et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 28, 1985.


Attorney(s) appearing for the Case

Joel Spector for Anthony Alizio and another, appellants.

Sydney Friedler for Irving Eisenberg and another, appellants.

David W. Shapiro and Robert E. Kushner for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court.

We add only that plaintiff was entitled to summary judgment on its cause of action seeking reimbursement for the amounts it paid under the letter of credit, despite its failure to issue sight drafts as contemplated by the parties, as it was both the issuer and the beneficiary...

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