From Casetext: Smarter Legal Research

Juliani v. Nahorai

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 2009
59 A.D.3d 300 (N.Y. App. Div. 2009)

Opinion

February 24, 2009.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 11, 2008, which granted plaintiffs motion to direct entry of judgment on a California judgment, unanimously affirmed, without costs.

Before: Gonzalez, J.P., Sweeny, Renwick and Freedman, JJ.


Although plaintiff proceeded to enforce a foreign judgment by plenary action, authorized by CPLR 5406 as an additional option to the filing procedure in CPLR article 54, defendant was not prejudiced by the notice of motion stating that judgment was sought pursuant to article 54. Contrary to defendant's contention, arguments he might have made in opposition to the summary judgment motion were foreclosed by the California court orders denying vacatur of his default, retaining jurisdiction in the face of his claimed lack of service and rejecting his defenses to the action and to procurement of the judgment ( see Ionescu v Brancoveanu, 246 AD2d 414, 416-417).

[ See 2008 NY Slip Op 30031(U).]


Summaries of

Juliani v. Nahorai

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 2009
59 A.D.3d 300 (N.Y. App. Div. 2009)
Case details for

Juliani v. Nahorai

Case Details

Full title:BRUCE JULIANI, Respondent, v. SAM NAHORAI, Doing Business as INTERNATIONAL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 24, 2009

Citations

59 A.D.3d 300 (N.Y. App. Div. 2009)
874 N.Y.S.2d 44

Citing Cases

Madjar v. Rosa

However, "article 54 does not apply to foreign judgments obtained by a default in appearance" ( Steinberg v…

Balboa Capital Corp. v. CKO Kick Boxing Mamaroneck LLC

CPLR 5401 and 5402, which provide for the recognition of a foreign judgment filed with the County Clerk, are…