Plaintiffs' action against Citibank for failure to pay on a letter of credit in connection with a sale of goods between plaintiff CIC and Citibank's assignor is still pending in Supreme Court. When Citibank asserted its assignor's claim for the delivery of nonconforming goods as a counterclaim, pursuant to leave of the court in an order entered on or about September 1, 1988 (Tyler, J.), plaintiffs failed to prosecute their appeal from that order or reply to the counterclaim...
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