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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
1997 LC CASE SUMMARIES No. 62080, 1997 N.Y. App. Div. LEXIS 11716 (N.Y. App. Div. 20 November 1997)
Topics:
Article
Reasonable Time; Without Delay.
Note:
The Supreme Court of New York, Appellate Division, First Department affirmed, in a two paragraph opinion, the trial court's award of damages based on a jury verdict against the issuer in an action against the beneficiary for wrongful dishonor. In so doing, the court rejected the issuer's contentions that the beneficiary was not entitled to a jury trial and that the questions submitted to the jury were improper. Additionally, the court ruled that a bank which processes a draw under a standby letter of credit within three banking days has not, as a matter of law, under all circumstances acted within a reasonable time. The court further noted that, as letters of credit are independent of the underlying contract, it was appropriate to preclude the issuer from presenting evidence on actual damages.(*1)
(*1) For further reading on the facts and arguments presented in this case see 1996 Annual Survey of Letter of Credit Law & Practice 437 (summarizing the facts and issues of this case as presented in the court's decision on summary judgment); 1997 Annual Survey of Letter of Credit Law & Practice 578 (containing the full text of the issuer's appellate brief).
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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.