Appellate Division of the Supreme Court of the State of New York February 14, 2017, 2902 652263/14 (Rich International Group Corp. v. Soleil Capitale Corp.)

*494

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered August 23, 2016, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to establish as a matter of law that it issued the agreed-upon letter of credit in the amount of $25 million on which plaintiff could successfully draw, for which plaintiff agreed to pay a fee of $1.