(a) If  an issuer wrongfully dishonors or repudiates its obligation to
pay money under a letter of credit before presentation, the beneficiary,
successor, or nominated person presenting on its own behalf may  recover
from  the  issuer  the  amount  that  is  the subject of the dishonor or
repudiation. If the issuer's obligation under the letter  of  credit  is
not  for  the  payment  of  money,  the  claimant  may  obtain  specific
performance or, at the claimant's election, recover an amount  equal  to
the  value  of performance from the issuer. In either case, the claimant
may also recover incidental but not consequential damages. The  claimant
is  not obligated to take action to avoid damages that might be due from
the issuer under this subsection. If, although not obligated to  do  so,
the  claimant  avoids  damages,  the claimant's recovery from the issuer
must be reduced by the amount of damages avoided.  The  issuer  has  the
burden  of  proving  the  amount  of  damages  avoided.  In  the case of
repudiation the claimant need not present any document.
  (b) If an issuer wrongfully dishonors  a  draft  or  demand  presented
under  a  letter  of credit or honors a draft or demand in breach of its
obligation to the applicant, the applicant may recover damages resulting
from the breach, including incidental  but  not  consequential  damages,
less any amount saved as a result of the breach.
  (c) If  an adviser or nominated person other than a confirmer breaches
an obligation under this article or an issuer breaches an obligation not
covered in subsection (a) or (b) of this section, a person to  whom  the
obligation  is  owed  may  recover  damages  resulting  from the breach,
including incidental but not  consequential  damages,  less  any  amount
saved  as  a  result of the breach. To the extent of the confirmation, a
confirmer has the liability of an issuer specified  in  this  subsection
and subsections (a) and (b) of this section.
  (d) An  issuer, nominated person, or adviser who is found liable under
subsection (a), (b) or (c) of this section shall  pay  interest  on  the
amount  owed  thereunder  from  the  date  of wrongful dishonor or other
appropriate date.
  (e) Damages that would otherwise be payable by a party for  breach  of
an  obligation  under  this  article  may  be liquidated by agreement or
undertaking, but only in an amount or by a formula that is reasonable in
light of the harm anticipated.
Structure New York Laws
5-106 - Issuance, Amendment, Cancellation, and Duration.
5-107 - Confirmer, Nominated Person, and Advisor.
5-108 - Issuer's Rights and Obligations.
5-112 - Transfer of Letter of Credit.
5-113 - Transfer by Operation of Law.
5-114 - Assignment of Proceeds.
5-115 - Statute of Limitations.
5-116 - Choice of Law and Forum.
5-117 - Subrogation of Issuer, Applicant, and Nominated Person.