Chemical Bank v. Daniel Laurent, Ltd.

Appellate Division of the Supreme Court of New York

Chemical Bank v. Daniel Laurent, Ltd.

100 A.D.2d 792, 474 N.Y.S.2d 955, 1984 N.Y. App. Div. LEXIS 17894

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 17, 1984

StatusPublished

This text of 100 A.D.2d 792 (Chemical Bank v. Daniel Laurent, Ltd.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chemical Bank v. Daniel Laurent, Ltd., 100 A.D.2d 792, 474 N.Y.S.2d 955, 1984 N.Y. App. Div. LEXIS 17894 (N.Y. Ct. App. 1984).

Pincite

Opinion

Order, Supreme Court, New York County (M. Evans, J.), entered July 27, 1983, denying plaintiff’s motion for summary judgment, is unanimously affirmed, without costs. U There is an issue of fact as to whether defendant Laurent’s acceptance of the goods was under such circumstances as to constitute a waiver of the defects in the documentation required by the letter of credit. H As to the counterclaims, while we have very grave reservations as to their validity as counterclaims, it is conceivable that the payment [793]*793made by defendant Laurent may constitute a partial defense in mitigation of damages, or otherwise. As all the facts will have to be gone into at the trial, we see no useful purpose to be served at this time by striking the designation of these pleadings as counterclaims. Concur — Murphy, P. J., Ross, Asch and Silverman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (M. Evans, J.), entered July 27, 1983, denying plaintiff’s motion for summary judgment, is unanimously affirmed, without costs. U There is an issue of fact as to whether defendant Laurent’s acceptance of the goods was under such circumstances as to constitute a waiver of the defects in the documentation required by the letter of credit. H As to the counterclaims, while we have very grave reservations as to their validity as counterclaims, it is conceivable that the payment [793]*793made by defendant Laurent may constitute a partial defense in mitigation of damages, or otherwise. As all the facts will have to be gone into at the trial, we see no useful purpose to be served at this time by striking the designation of these pleadings as counterclaims. Concur — Murphy, P. J., Ross, Asch and Silverman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

100 A.D.2d 792, 474 N.Y.S.2d 955, 1984 N.Y. App. Div. LEXIS 17894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chemical-bank-v-daniel-laurent-ltd-nyappdiv-1984.