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CITIBANK, N.A. v. SILVERMAN

4916, 651333/10.

85 A.D.3d 463 (2011)

925 N.Y.S.2d 442

2011 NY Slip Op 4810

CITIBANK, N.A., Respondent, v. ALLEN SILVERMAN, Appellant.

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

Decided June 9, 2011.

Plaintiff made a prima facie case with respect to the letter of credit on which it seeks to recover by submitting the letter of credit and the forbearance agreement, in which defendant acknowledged his repayment obligations under the letter of credit and the amount thereof (see Cantrade Privatbank AG. Zrich v Bangkok Bank Pub. Co., 256 A.D.2d 11, 12 [1998]).

Defendant failed to raise a triable issue of fact sufficient to...

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