HONGKONG & SHANGHAI BANKING CORP. LTD. NEW YORK BRANCH v. COMMUNICATIONS TRANSMISSION, INC.


191 A.D.2d 342 (1993)

596 N.Y.S.2d 675

Hongkong and Shanghai Banking Corporation Limited, New York Branch, Respondent, v. Communications Transmission, Inc., Appellant

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

March 23, 1993


The Walker Letter of Credit, the Reimbursement Agreement, and the letter agreement in which Walker transferred and assigned to plaintiff its rights and privileges in and to the Reimbursement Agreement, are all unambiguous. Defendant's obligation to reimburse plaintiff is unconditional. Indeed, defendant effectively waived its right to assert all defenses and counterclaims to its reimbursement obligation to plaintiff (see, Bank of Suffolk County v Kite,

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