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Hellenic Republic v. Standard Chartered Bank

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 240 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Supreme Court, New York County (Lewis Friedman, J., and a jury).


Since plaintiff's request for relief was, as this Court has previously noted ( 219 A.D.2d 498), for money damages, it was entitled to a jury trial (CPLR 4101), and the trial court appropriately denied defendant's motion to strike the demand for a jury trial. Moreover, the two interrogatories submitted to the jury were precisely those already found to be the crucial unresolved questions of fact in this action to recover damages for the wrongful dishonor of a standby letter of credit, and nothing in this Court's opinion in Interchemicals Co. v. Bank of Credit Commerce Intl. ( 222 A.D.2d 273) can be construed as holding that a bank which processes a draw upon a letter of credit within three banking days has, under any and all circumstances, acted reasonably as a matter of law. Since a letter of credit is an instrument that must be considered separate and apart from the underlying contract (see, First Commercial Bank v. Gotham Originals, 64 N.Y.2d 287, 294), the trial court properly precluded defendant from introducing evidence as to plaintiff's actual damages. We have considered defendant's remaining arguments and find them to be without merit.

Concur — Murphy, P. J., Ellerin, Rubin and Tom, JJ.


Summaries of

Hellenic Republic v. Standard Chartered Bank

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 240 (N.Y. App. Div. 1997)
Case details for

Hellenic Republic v. Standard Chartered Bank

Case Details

Full title:HELLENIC REPUBLIC, Respondent, v. STANDARD CHARTERED BANK, Appellant

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 240 (N.Y. App. Div. 1997)
664 N.Y.S.2d 434

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