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DE SMETH v. BANK OF NEW YORK

No. 94 Civ. 2962 (DC).

879 F.Supp. 13 (1995)

Anne DE SMETH, Curator of Dikarpa N.V. S.A., a company in bankruptcy liquidation pursuant to Belgian law, Plaintiffs, v. THE BANK OF NEW YORK, Defendant.

United States District Court, S.D. New York.

February 27, 1995.

Attorney(s) appearing for the Case

Oppenheimer Wolff & Donnelly, New York City by Ted G. Semaya, for plaintiff.

Jean A. Shedlock, New York City, for defendant.

MEMORANDUM DECISION

CHIN, District Judge.

This is an action to recover damages for an alleged breach of an irrevocable letter of credit issued by defendant Bank of New York ("BONY") in favor of Dikarpa N.V. S.A. ("Dikarpa"), a company in liquidation pursuant to Belgian law. Defendant moves to dismiss or for partial summary judgment dismissing plaintiff's claim for anticipatory repudiation. For the reasons stated below, the motion is granted.

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