Opinion
December 13, 1988
Appeal from the Supreme Court, New York County (Andrew Tyler, J.).
Plaintiff-appellant was entitled to summary judgment on its third cause of action to recover upon a final judgment of the Dade County, Florida, Circuit Court, entered upon the default of defendant-respondent Jackie Mason, in the amount of $47,587.50. Respondent did not challenge the jurisdiction of the Florida court which rendered the default judgment nor did he allege any extrinsic fraud in the procurement thereof. Absent such fraud or a jurisdictional challenge, a final judgment rendered on the default of a party to the action is conclusive and not subject to collateral attack (Sadler v Trisan, 20 A.D.2d 857 [1st Dept 1964]). Judgments rendered by the courts of a sister State are entitled to full faith and credit and are similarly immune from challenge (Greschler v Greschler, 51 N.Y.2d 368, 376; Saxl v Roberts, 37 A.D.2d 932, 933 [1st Dept 1971]; Chenu v Board of Trustees, 12 A.D.2d 422, 424 [1st Dept 1961], affd 11 N.Y.2d 688).
The allegations of intrinsic fraud in execution of the promissory note and appellant's alleged breach of contract, asserted in the counterclaim and reiterated in the affirmation in opposition of respondent's counsel, are unavailing. The affirmation of counsel, who does not have personal knowledge of the facts, is without probative value (Sutton v East Riv. Sav. Bank, 55 N.Y.2d 550, 553; Simpson v Term Indus., 126 A.D.2d 484, 485 [1st Dept 1987]; Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136 [1st Dept 1968], affd 29 N.Y.2d 617). It is therefore insufficient to defeat appellant's motion for summary judgment (Olan v Farrell Lines, 105 A.D.2d 653 [1st Dept 1984], affd 64 N.Y.2d 1092). Respondent's argument, addressed to appellant's failure to comply with the procedures of CPLR article 54, is irrelevant inasmuch as article 54 does not apply to foreign judgments obtained by a default in appearance (CPLR 5401, 5402) and appellant chose enforcement by way of summary judgment proceedings (see, CPLR 5406).
Concur — Kassal, J.P., Rosenberger, Ellerin and Wallach, JJ.