Legal Opinion
Swezey v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
New York Court of Appeals
Decided June 26, 2012PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
We are asked in this case whether the invocation of sovereign immunity by the Republic of the Philippines in this turnover proceeding requires dismissal of the action under CPLR 1001.
I
Ferdinand E. Marcos was elected president of the Philippine Republic in 1965 and 1969. The constitution of that country, similar to the United States Constitution, limited the chief executive to a maximum of two four-year terms. Under that term limit, Marcos should have left office in 1973.
Rather than relinquishing power, President Marcos imposed martial law on the nation in…
2Cases cited12 opinions
- Maximo HILAO, Class Plaintiffs, Plaintiff-Appellee, v. ESTATE OF Ferdinand MARCOS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Republic of Philippines v. PimentelSupreme Court of the United States · 2008
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Windy Ridge Farm v. Assessor of the Town of ShandakenNew York Court of Appeals · 2008
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ayuda Re Funding, LLC v. Town of LibertyAppellate Division of the Supreme Court of the State of New York · 2014
- Attestor Master Value Fund LP v. Republic of ArgentinaCourt of Appeals for the Second Circuit · 2024
- JMMJ Dev., LLC v. Woodvale Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Swezey v. LynchAppellate Division of the Supreme Court of the State of New York · 2014
- Hylton v. WTC Tower 1 LLCAppellate Division of the Supreme Court of the State of New York · 2023
17 more not listed; retrieve them via the Exa API.