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767 THIRD AVE. v. CONSULATE GENERAL OF YUGOSLAVIA

Docket No. 99-9011.

218 F.3d 152 (2000)

767 THIRD AVENUE ASSOCIATES, Carlyle Limited Partnership-XI, Melvyn Kaufman, and Robert Kaufman, Plaintiffs-Appellants, v. CONSULATE GENERAL OF SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA, Yugoslav Press and Cultural Center, Yugoslav Chamber of Economy, Federal Republic of Yugoslavia, Republic of Bosnia-Herzegovina, as a sovereign entity and as a successor state to the Socialist Federal Republic of Yugoslavia, Republic of Croatia, Former Yugoslavia Republic of Macedonia, as a sovereign entity and as a successor state to the Socialist Federal Republic of Yugoslavia, Republic of Slovenia, as a sovereign entity and as a successor state to the Socialist Federal Republic of Yugoslavia, Defendants-Appellees. Federal Republic of Yugoslavia, Cross-Claim Plaintiff, v. Republic of Bosnia-Herzegovina, as a sovereign entity and as a successor state to the Socialist Federal Republic of Yugoslavia, Republic of Croatia, Former Yugoslavia Republic of Macedonia, as a sovereign entity and as a successor state to the Socialist Federal Republic of Yugoslavia, Republic of Slovenia, as a sovereign entity and as a successor state to the Socialist Federal Republic of Yugoslavia, Cross-Claim Defendants.

United States Court of Appeals, Second Circuit.

Decided July 12, 2000.

Attorney(s) appearing for the Case

Philip Allen Lacovara, New York, New York (Mayer Brown & Platt, Robert J. Ward, Norman R. Williams II, of counsel), for Plaintiffs-Appellants.

George Miron, Washington, D.C. (Feith & Zell, P.C., Douglas J. Feith, Felicia Watson, of counsel), for Defendant-Appellee Republic of Bosnia and Herzegovina.

Radovan I. Pavelić, New York, New York (Pavelić & Levites, P.C., of counsel), for Defendant-Appellee Republic of Croatia.

Steven M. Schneebaum, Washington, D.C. (Patton Boggs LLP, of counsel), for Defendant-Appellee Republic of Macedonia.

Jonathan I. Blackman, New York, New York (Cleary, Gottlieb, Steen & Hamilton, Boaz S. Morag, Joseph T. Dixon, of counsel), for Defendant-Appellee Republic of Slovenia.

Wendy H. Schwartz, New York, New York (United States Attorney's Office for the Southern District of New York, Mary Jo White, Gideon A. Schor, of counsel), for Amicus Curiae United States of America.

Before: FEINBERG, PARKER, STRAUB, Circuit Judges.

FEINBERG, Circuit Judge:

On its face, this case concerns nothing more than a garden-variety landlord-tenant dispute. Plaintiffs (the landlords) are seeking to recover unpaid rent for offices leased to the former Socialist Federal Republic of Yugoslavia (SFRY) for use as consular offices in New York. Unfortunately for the landlords, the SFRY has ceased to exist. Beginning in 1991, the SFRY faced political upheaval and military conflict that eventually led to its disintegration...

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