Legal Opinion

Schwartz v. Compania Azucarera Vertientes-Camaguey De Cuba

Appellate Division of the Supreme Court of the State of New York

Decided July 17, 1961Published

1Opinion of the Court

In our opinion, the proof is sufficient to show that, within the meaning of section 977-b of the Civil Practice Act, the corporation has not been nationalized. Under the language of the Cuban law (No. 851 of July 6, 1960) and of the Cuban Resolution (No. 1 of Aug. 6, 1960) it would appear that the Castro Government of Cuba has expropriated the Cuban assets of the corporation, but that the government has not absorbed the corporation unto itself in such manner or to such an extent as to put the corporation completely out of existence. Nor did the Castro Government, by this law and resolution,…

2Cases cited5 opinions

  1. Morgan Munitions Supply Co. v. Studebaker Corporation of AmericaNew York Court of Appeals · 1919
  2. Oliner v. American-Oriental Banking Corp.Appellate Division of the Supreme Court of the State of New York · 1937
  3. Oliner v. American-Oriental Banking CorporationNew York Court of Appeals · 1938
  4. Murray Oil Products Co. v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
  5. West Washington Cut Meat Center, Inc. v. SolomonAppellate Division of the Supreme Court of the State of New York · 1940

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