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SWEZEY v. MERRILL LYNCH, INC.

No. 88.

19 N.Y.3d 543 (2012)

2012 NY Slip Op 5093

OSQUGAMA F. SWEZEY, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Respondent, and PHILIPPINE NATIONAL BANK et al., Intervenors-Respondents.

Court of Appeals of New York.

Decided June 26, 2012.

Attorney(s) appearing for the Case

Kohn, Swift & Graf, P.C. ( Robert A. Swift , of the Philadelphia bar, admitted pro hac vice, of counsel), and Anderson Kill & Olick, P.C., New York City ( Jeffrey E. Glen of counsel), for appellant.

Sidley Austin LLP, New York City ( Daniel A. McLaughlin , A. Robert Pietrzak and Cameron Moxley of counsel), for respondent.

Mayer Brown LLP ( Charles A. Rothfeld of the District of Columbia bar, admitted pro hac vice, and Brian J. Wong of counsel) and Mayer Brown LLP, New York City ( Michael O. Ware and Andrew J. Calica of counsel), for intervenors-respondents.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case whether the invocation of sovereign immunity by the Republic of the Philippines in this turnover proceeding requires dismissal of the action under CPLR 1001.

I

Ferdinand E. Marcos was elected president of the Philippine Republic in 1965 and 1969. The constitution of that country, similar to the United States Constitution, limited the chief executive to a maximum of two four-year...

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