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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46876 Judge Baer A CASE arose out of a dispute between a Nepal apparel manufacturer and defendant Kids International Corp., a New York apparel importer and wholesaler. Plaintiff contended that it shipped orders of apparel from India to defendant in California. At plaintiff’s request, defendant opened a letter of credit to a Nepal bank through Bank of New York (BNY) naming BNY as consignee on the bill of lading. Plaintiff alleged that it issued uncontested invoices to defendant who then instructed its agent to draft the bill of lading and freight receipt, to reflect the consignee’s name as “Kids International Corp.” instead of BNY, to induce BNY to deliver the goods to defendant. Plaintiff alleged that by instructing its agent to falsify the bill of lading and freight cargo receipt, defendant perpetrated a fraud. The court dismissed the claim with leave to replead, finding that plaintiff failed, among other things, to identify the specific individual within defendant who instructed its agent to alter the bill of lading and cargo receipt.

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