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STAHL 3 v. MISSION OF CHILE

9 Misc.3d 946 (2005)

804 N.Y.S.2d 638

STAHL 3 DAG, LLC, Petitioner, v. PERMANENT MISSION OF CHILE TO THE UNITED NATIONS, Respondent.

Civil Court of the City of New York, New York County.

September 13, 2005.

Attorney(s) appearing for the Case

Jaffe Segal Ross & Light, New York City (Burton Ross of counsel), for respondent.

Ingram, Yuzek, Gainen, Carroll & Bertolotti, New York City (Cory Weiss of counsel), for petitioner.

OPINION OF THE COURT

CYNTHIA S. KERN, J.

Respondent the Permanent Mission of Chile to the United Nations has brought the present motion to dismiss this holdover summary proceeding on the ground that it was not properly served pursuant to the Foreign Sovereign Immunities Act of 1976 (the FSIA). The issues before the court are whether respondent Mission waived the provisions in the FSIA regarding service of process and, if so, whether respondent was properly...

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