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STRABAG, SPA v. CRÉDIT AGRICOLE CIB

Index No. 650865/23. Appeal No. 978-M-4325. Case No. 2023-02383.

221 A.D.3d 437 (2023)

199 N.Y.S.3d 465

2023 NY Slip Op 05671

Strabag, SpA, Respondent, v. Crédit Agricole CIB, Defendant, and Alto Maipo SpA, Appellant.

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

Decided November 9, 2023.

Attorney(s) appearing for the Case

Linklaters LLP, New York ( Adam S. Lurie , Michael Pilcher and Rebecca Zeldin of counsel), for appellant.

Troutman Pepper Hamilton Sanders LLP, New York ( Stephen G. Rinehart of counsel), for respondent.

Weaver Mancuso Brightman PLLC, Rochester ( John A. Mancuso of counsel), for amicus curiae.

Concur—Webber, J.P., Friedman, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered April 4, 2023, which, in this proceeding to enjoin defendant from drawing down on a letter of credit, granted plaintiff's motion for a preliminary injunction enjoining defendant Alto Maipo SpA from drawing down on the letter of credit, unanimously reversed, on the law, with costs, the motion denied and the injunction vacated.

Defendant Alto Maipo SpA is the owner of a hydroelectric powerplant project...

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