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NETWORKS USA, LLC v. HSBC BANK USA, N.A.

Nos. 7478, 601619/08.

94 A.D.3d 638 (2012)

942 N.Y.S.2d 356

2012 NY Slip Op 3111

NETWORKS USA, LLC, Appellant, v. HSBC BANK USA, N.A., Respondent. (And a Third-Party Action.).

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

Decided April 24, 2012.

Defendant established its entitlement to judgment as a matter of law by submitting evidence demonstrating that, contrary to the Uniform Customs and Practice for Documentary Credits which provides that "[t]he Transferring Bank shall be under no obligation to effect [a] transfer except to the extent and in the manner expressly consented to by such bank" (Uniform Customs and Practice for Documentary Credits [1993 rev] Publication No. 500, art 48 [c], issued by the International...

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