Lance Intl., Inc. V First Natl. City Bank (2009 NY Slip Op 29210)

Arthur F. Engoron, J. {**24 Misc 3d at 1110}It is hereby ordered that defendant's motion is granted and plaintiff's motion is denied. Brief Factual Background of Underlying Controversy The instant case arises out of World War II, when Japanese soldiers tunneled under a certain area of Okinawa in defense of their homeland.