Magar, Inc. v. National Westminster Bank USA

Order, Supreme Court, New York County (Beverly S. Cohen, J.), entered August 14, 1992, which inter alia denied plaintiff’s motion for an order pursuant to CPLR 6301 and UCC 5-114 preliminarily enjoining defendant bank from honoring demand upon a certain letter of credit, unanimously affirmed, with costs.

*581Upon this record plaintiff has failed adequately to support the allegation of fraud in the transaction underlying the issuance of the letter of credit. The record does not demonstrate that defendant Burki fraudulently entered into the agreement to purchase the interest in the 1989 French…