OSQUGAMA F. SWEZEY, Respondent,
v.
MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Respondent. PHILIPPINE NATIONAL BANK, et al., Intervenors-Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 16, 2011.
Decided June 16, 2011.
Attorney(s) appearing for the Case
Mayer Brown LLP, New York City ( Michael O. Ware and Andrew J. Calica of counsel) and Mayer Brown LLP, Washington, D.C. ( Charles A. Rothfeld , of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellants.
Anderson Kill & Olick, P.C., New York City ( Jeffrey E. Glen of counsel) and Kohn, Swift & Graf, P.C., Philadelphia ( Robert A. Swift of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for respondent.
ANDRIAS, J.P. McGUIRE and ROMAN, JJ., Concur with FRIEMAN, J.; CATTERSON, J., dissents in a separate opinion.
Appellate Division of the Supreme Court of New York, First Department.
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...
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