Opinion
December 30, 1985
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
By opinion and order dated October 22, 1984, this court reversed the order and judgment entered March 3, 1983, granted summary judgment to defendants, and dismissed the appeals from the order dated August 16, 1982 and the order entered October 19, 1982 ( see, Overseas Dev. Bank v Nothmann, 103 A.D.2d 534). By decision and order dated March 19, 1985, the Court of Appeals reversed the order of this court and remitted the case here for further proceedings ( see, Overseas Dev. Bank v Nothmann, 64 N.Y.2d 927).
Order and judgment of the Supreme Court, Suffolk County, entered March 3, 1983, affirmed.
Appeal from the order dated August 16, 1982 dismissed. That order was superseded by the order entered October 19, 1982, upon reargument.
Order entered October 19, 1982 affirmed, insofar as appealed from.
Plaintiff is granted one bill of costs.
This appeal was originally heard on December 19, 1983, after which this court reversed Special Term's order and judgment granting plaintiff summary judgment, and dismissed the complaint (see, Overseas Dev. Bank v Nothmann, 103 A.D.2d 534, supra). We held that the English judgments by virtue of their age, were not "final, conclusive and enforceable" under CPLR 5302, without a writ of execution upon leave from an English court. Thereafter, plaintiff obtained leave from the Queen's Bench Division of England's High Court of Justice to issue a writ of execution. Based upon plaintiff's obtaining a writ of execution, the Court of Appeals reversed this court's determination and remitted the case back here to consider defendants' remaining arguments concerning other mandatory and discretionary grounds for denying recognition of the foreign judgments under CPLR 5304 (see, Overseas Dev. Bank v Nothmann, 64 N.Y.2d 927, supra).
Having now considered defendants' remaining arguments raised in their original briefs to this court, we conclude that Special Term properly granted plaintiff's motion for summary judgment. None of the mandatory or discretionary grounds contained in CPLR 5304 for denying recognition to the two English money judgments is applicable. Special Term also properly confirmed the order of attachment that was granted (see, CPLR 6201, [4]). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.