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STRACHMAN v. PALESTINIAN

102101/06, 121

73 A.D.3d 124 (2010)

901 N.Y.S.2d 582

DAVID STRACHMAN, as Administrator of the Estate of YARON UNGAR, Deceased, et al., Respondents, v. THE PALESTINIAN AUTHORITY et al., Defendants, and THE PALESTINIAN PENSION FUND for the STATE ADMINISTRATIVE EMPLOYEES of the GAZA STRIP, Appellant.

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

Decided March 30, 2010.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, New York City ( Charles L. Kerr , Mark David McPherson and Adam Jackson Heintz of counsel), for appellant.

Jaroslawicz & Jaros, LLC, New York City ( Robert J. Tolchin of counsel), for respondents.

MAZZARELLI, NARDELLI and MOSKOWITZ, JJ., concur with CATTERSON, J.; TOM, J.P., dissents in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

The sole issue in this appeal is whether the plaintiffs, judgment creditors of the Palestinian Authority (hereinafter referred to as PA) and the Palestine Liberation Organization (hereinafter referred to as PLO), have a right to a jury trial in a declaratory judgment action. The action seeks to establish the PA's ownership of more than $100 million in securities and debt instruments frozen by Swiss American Securities Inc...

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