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PACIFIC GAS ELECTRIC COMPANY, Plaintiff-Respondent, v. BANCA NAZIONALE DEL LAVORO, S.p.A., Defendant-Appellant.

Inasmuch as the documents presented by plaintiff to obtain payment pursuant to the subject amended letters of credit issued for its benefit facially complied with the requirements set forth in the letters of credit, and no issue was raised as to whether the underlying transactions in connection with which the letters of credit had been issued were permeated by fraud, defendant issuing bank's obligation to pay plaintiff was absolute ( see 3Com Corp. v. Banco Do Brasil, S.A., 171 F.3d 739, 744). Indeed, far from being inadequate, the documentation presented by plaintiff in seeking to draw upon the amended letters of credit, i.e., signed certificates, was significantly more reliable and exacting than the minimally adequate text for such presentment documents under the subject agreements.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PACIFIC GAS ELEC
(Jun 10, 2004)