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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
1999 LC CASE SUMMARIES WL 93591 (N.Y.A.D. 1 Dept.) [U.S.A.]
Topics:
Article
Injunction; Attachment
Note:
The Appellate Division of the New York Supreme Court in a Memorandum Decision ruled that Motions for a preliminary injunction and an attachment were properly denied since there was an adequate remedy at law and no showing of a likelihood of success on the merits. "Plaintiff has not demonstrated actual, intentional fraud in the underlying commercial transaction independent of any claim regarding non-conforming goods ... , and an award of the equitable relief sought upon a lesser showing would subvert the salutary business purpose of a letter of credit ... ."
© 2000 INSTITUTE OF INTERNATIONAL BANKING LAW & PRACTICE
COPYRIGHT OF THE INSTITUTE OF INTERNATIONAL BANKING LAW & PRACTICE
The views expressed in this Case Summary are those of the Institute of International Banking Law and Practice and not necessarily those of ICC or the other partners in DC-PRO.