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STANDARD CHARTERED BANK v. D. CHABBOTT, INC.

178 A.D.2d 112 (1991)

Standard Chartered Bank, Appellant, v. D. Chabbott, Inc., Respondent

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

December 3, 1991

It is well settled that a defense based upon documentary evidence is not dispositive "unless the documents submitted resolve all of the factual issues as a matter of law" (Lake Placid Vil. v Lake Placid Main St. Corp., 90 A.D.2d 873, 874). Such was achieved by defendant's documentary evidence establishing that payments were made in excess of the debt owed for merchandise sold to it by plaintiff's predecessor in interest. Plaintiff...

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