COUTTS BANK (SWITZERLAND) LTD. v. ANATIAN


261 A.D.2d 307 (1999)

691 N.Y.S.2d 409

COUTTS BANK (SWITZERLAND) LTD., Respondent, v. RACHAMIM ANATIAN et al., Appellants. (Action No. 1.) COUTTS BANK (SWITZERLAND) LTD., Respondent, v. MORDECHAI GALOLIVER et al., Appellants. (Action No. 2.)

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

Decided May 25, 1999.


Plaintiff bank's alleged oral representations that it was committed to lending at least $100 million, and up to $150 million, to finance the expansion of defendants' televised home shopping business were significantly contradicted by the subsequent credit facility letters issued to the borrowing entities, which extended credit in a lesser aggregate amount, and specifically provided that the lines of credit "may be withdrawn without notice," were "being made available to you...

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