Posts Tagged ‘NEW YORK RECOGNIZES AND ENFORCES FOREIGN JUDGMENTS THAT ARE FINAL AND UNDISPUTED’
|NEW YORK RECOGNIZES AND ENFORCES FOREIGN JUDGMENTS THAT ARE FINAL AND UNDISPUTED
Monday, September 30th, 2013
CIVIL PROCEDURE. SUMMARY JUDGMENT IN LIEU OF COMPLAINT. FOREIGN DECREE. ENFORCEMENT. LEGAL INTERPRETATION. Plaintiff moved for summary judgment in lieu of a complaint [under NY Civil Practice Laws and Rules or CPLR 3213] to enforce a “ruling” issued by a Spanish court. In support, plaintiff submitted the affidavit of a legal expert who opined that the “ruling” constituted an enforceable judgment under Spanish law, which was countered by the defendant’s legal expert. Order granting plaintiff’s motion is reversed, and motion denied. New York will recognize and enforce foreign decrees that are “final, conclusive and enforceable where rendered” [CPLR 5302]. Here, given the dispute between the parties’ legal experts, the Supreme Court improperly determined as a matter of law that the Spanish ruling constituted an ”enforceable judgment” under Spanish law. Sea Trade v. Coutsodontis – See more at: http://www.nysba.org/
Attorney SID GARBANZOS is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Civil Litigation, Landlord-Tenant, RN & Medical Profession License Defense and Immigration. Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Please call Garbanzos Law Firm at (718)725-7324 if you have any questions about this article.
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