JERI JO KNITWEAR INC v. GULF GARMENTS INDUSTRY (1999)

Supreme Court, Appellate Division, First Department, New York.

JERI–JO KNITWEAR, INC., Plaintiff–Appellant, v. GULF GARMENTS INDUSTRY, W.L.L., et al., Defendants–Respondents.

Decided: February 25, 1999

ROSENBERGER, J.P., ELLERIN, WILLIAMS and ANDRIAS, JJ.

Bethany A. Ralph, for Plaintiff–Appellant. Mitchell L. Kaplan, for Defendants–Respondents.

Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about October 5, 1998, which denied plaintiff's motions for a preliminary injunction and for an attachment, unanimously affirmed, with costs.

Plaintiff's motions for equitable relief were properly denied since it has an adequate remedy at law (see, 410 Sixth Ave. Foods, Inc. v. 410 Sixth Ave., Inc., 197 A.D.2d 435, 437, 602 N.Y.S.2d 835), and since it has not shown a likelihood of success upon the merits (see, Considar, Inc. v. Redi Corp. Establishment, 238 A.D.2d 111, 655 N.Y.S.2d 40). Plaintiff has not demonstrated actual, intentional fraud in the underlying commercial transaction independent of any claim regarding non-conforming goods (see, 410 Sixth Ave. Foods, 197 A.D.2d supra, at 436, 602 N.Y.S.2d 835), and an award of the equitable relief sought upon a lesser showing would subvert the salutary business purposes of a letter of credit (see, Matter of Supreme Mdse. Co. v. Chemical Bank, 70 N.Y.2d 344, 352–353, 520 N.Y.S.2d 734, 514 N.E.2d 1358).

MEMORANDUM DECISION.

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