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767 Third Avenue Associates v. Permanent Mission of the Republic of Zaire to the U.N.
United States Court of Appeals for the Second Circuit
988 F.2d 295 (1993)
The Permanent United Nations Mission of the Republic of Zaire (Zaire) (defendant) rented space in a building owned by 767 Third Avenue Associates and managed by Sage Realty (collectively, the landlord) (plaintiff). The property was located near the United Nations Headquarters. Zaire failed to make rent payments, so the landlord sued Zaire and won a default judgment for $244,157.49 in damages. Zaire continued to rent the property on a month-to-month basis until several years later when it again stopped paying rent. The landlord sued Zaire a second time to recover unpaid rent and possession of the property. The district court awarded damages, ordered Zaire to vacate the property, and directed the United States Marshals Service to forcibly evict Zaire if it did not leave within a defined period of time. Zaire appealed, arguing it was protected by diplomatic immunity, and received a stay of the district court’s order until the appeal was decided.
Rule of Law
Holding and Reasoning (Cardamone, J.)
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