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767 THIRD AVE. ASSOCIATES v. PERMANENT MISSION

No. 61, Docket 92-7184.

988 F.2d 295 (1993)

767 THIRD AVENUE ASSOCIATES and Sage Realty Corporation, Plaintiffs-Appellees, v. PERMANENT MISSION of The REPUBLIC OF ZAIRE to the UNITED NATIONS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Jeffrey M. Rubin, New York City (Rubin & Shang, of counsel), for appellant.

Joseph Ferraro, New York City (Robert J. Ward, Jean-Marie L. Atamian, Shea & Gould, of counsel), for appellee.

M. Chinta Gaston, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., James L. Cott, Asst. U.S. Atty., S.D.N.Y., Edwin D. Williamson, Legal Adviser, Bruce Rashkow, Asst. Legal Adviser, Richard K. Lahne, Attorney Adviser — Dept. of State, of counsel), for U.S. as Amicus Curiae.

Before: FEINBERG, NEWMAN and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal emerges out of a landlord-tenant dispute. When the Zaire mission to the United Nations occupying leased space on the east side of midtown Manhattan repeatedly fell into arrears on its rent, it was sued by its landlord. The tenant's defense against being evicted was diplomatic immunity. A district court refused to credit this defense and instead granted summary judgment to the landlord...

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