We agree with the IAS Court that an issue of fact exists whether plaintiff knowingly violated the letter of credit it had issued when, at its customer's request, it transferred the funds it seeks to recover to defendant, or whether the transfer was inadvertent, the result of misrouting the customer's request to the wrong department; if knowing, the doctrine of unclean hands would preclude recovery on the theory of constructive trust. As for plaintiff's alternative theory...
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