MEMORANDUM DECISION
CHIN, District Judge.
This is an action to recover damages for an alleged breach of an irrevocable letter of credit issued by defendant Bank of New York ("BONY") in favor of Dikarpa N.V. S.A. ("Dikarpa"), a company in liquidation pursuant to Belgian law. Defendant moves to dismiss or for partial summary judgment dismissing plaintiff's claim for anticipatory repudiation. For the reasons stated below, the motion is granted.
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