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ALUMINIO v. BANK OF NEW YORK

249 A.D.2d 30 (1998)

671 N.Y.S.2d 234

Profil Aluminio, S. A., Appellant, v. Bank of New York, Respondent, et al., Defendants

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

April 7, 1998

After six years of litigation in which plaintiff shipper had proceeded on the theory of an assignment to it of a cargo carrier's rights under a steamship guarantee issued by defendant bank (see, 190 A.D.2d 635), and four months after trial, plaintiff sought to amend its complaint to assert tort causes of action against the bank based on the theory that the very issuance of the guarantee...

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