Swezey v. Lynch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
This is a proceeding to execute a judgment against a fund located in New York. A foreign sovereign, asserting that the fund comprises the proceeds of assets corruptly acquired and removed from its territory by its former president, claims to be the true owner of the fund. Because the foreign sovereign declines to waive its immunity from suit, we are required to dismiss the proceeding based on nonjoinder of an indispensable party.
Petitioner is the representative of a class of people who suffered violations of their human rights in the Philippines under the…
2Cases cited17 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Republic of Philippines v. PimentelSupreme Court of the United States · 2008
- Davis Ex Rel. Davis v. United StatesCourt of Appeals for the Tenth Circuit · 2003
- Guggenheim Foundation v. LubellNew York Court of Appeals · 1991
- L-3 Communications Corp. v. SafeNet, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by9 opinions
- Swezey v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 2012
- Cadles of Grassy Meadows II, L.L.C. v. LapidusAppellate Division of the Supreme Court of the State of New York · 2012
- Swezey v. LynchAppellate Division of the Supreme Court of the State of New York · 2014
- Major League Baseball Properties, Inc. -against- Corporacion de Television y Microonda Rafa, S.A., et al.District Court, S.D. New York · 2025
- New York State Commissioner of Taxation & Finance v. TD Bank, N.A.New York Supreme Court · 2016
4 more not listed; retrieve them via the Exa API.