INTERNATIONAL MERCHANDISE GROUP AMERICAS, INC. v. SEGERMAN INTERNATIONAL, INC.


277 A.D.2d 168 (2000)

717 N.Y.S.2d 126

INTERNATIONAL MERCHANDISE GROUP AMERICAS, INC., Appellant, v. SEGERMAN INTERNATIONAL, INC., Respondent.

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

Decided November 30, 2000.


Summary judgment was properly granted upon a record establishing that plaintiff seller failed to comply with certain terms of the parties' contract, which included a letter of credit, on which defendant buyer was the applicant and plaintiff the beneficiary, setting forth, inter alia, the latest date of shipment and the permissible variance in the quantity of goods shipped. With respect to the former term, defendant submitted a copy of the bill of lading furnished by...

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