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MAP MARINE LIMITED v. CHINA CONSTRUCTION BANK CORP.

70 A.D.3d 404 (2010)

895 N.Y.S.2d 352

MAP MARINE LIMITED, Respondent, v. CHINA CONSTRUCTION BANK CORP., Defendant, and BANCA MONTE DEI PASCHI DI SIENA SPA, Appellant. (And a Third-Party Action.)

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

Decided February 2, 2010.

Banca Monte, the advising and transferring bank, failed to raise an issue of fact with respect to its assertion that the presentment documents necessary for plaintiff to draw on its transfer letter of credit were fraudulent (see generally Mennen v J.P. Morgan & Co., 91 N.Y.2d 13, 20-21 [1997]). Plaintiff's conduct in seeking a change in the letter of credit to reflect that it was for the shipping service rather than for the cargo...

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