CIC International, Ltd. v. Citibank National Ass'n

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about June 16, 1989, denying plaintiffs’ motion to dismiss defendant’s counterclaim and granting defendant’s cross motion for a default judgment on the counterclaim, unanimously affirmed, with costs.

Plaintiffs’ action against Citibank for failure to pay on a letter of credit in connection with a sale of goods between plaintiff CIC and Citibank’s assignor is still pending in Supreme Court. When Citibank asserted its assignor’s claim for the delivery of nonconforming goods as a counterclaim, pursuant to leave of the…