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STEPHEN v. ZIVNOSTENSKA BANKA

15 A.D.2d 111 (1961)

John A. Stephen, Formerly Known as Hans Augstein, Plaintiff, and Otto Augstein, Respondent, v. Zivnostenska Banka, National Corporation, Also Known as Zivnostenska Banka, National Corporation, Formerly Zivnostenska Banka or Zivnostenska Bank, Appellant, Edwin B. Wolchok, as Receiver, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1961.

Attorney(s) appearing for the Case

Lemuel Skidmore of counsel (Howard F. Ordman with him on the brief; Putney, Twombly, Hall & Skidmore, attorneys), for appellant.

Sigmund Timberg of counsel (Alexander Slater and Abraham Wolf, attorneys), for Edwin B. Wolchok, respondent.

Nicholas R. Doman of counsel (Doman & Ablondi, attorneys), for Otto Augstein, respondent.

RABIN, J. P., EAGER and STEUER, JJ., concur with McNALLY, J.; STEVENS, J., dissents in part in opinion.

McNALLY, J.

The question presented is the legal effect of the suggestion of sovereign immunity dated June 26, 1959 and letters amendatory thereto on the judgment herein entered August 6, 1956.

The action is grounded on section 977-b of the Civil Practice Act which expresses and implements the public policy of the State of New York not to enforce foreign confiscatory decrees as to property within the State...

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