Overseas Development Bank in Liquidation v. Nothmann
| Decision Date | 19 March 1985 |
| Citation | 488 N.Y.S.2d 632,64 N.Y.2d 927,477 N.E.2d 1086 |
| Parties | , 477 N.E.2d 1086 OVERSEAS DEVELOPMENT BANK IN LIQUIDATION, Appellant, v. Naftali Chaim NOTHMANN et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 103 A.D.2d 534, 480 N.Y.S.2d 735, should be reversed, with costs, and the case remitted to that court for consideration of issues not previously reached.
In this action to enforce two money judgments of English courts, the Appellate Division reversed the lower court's order granting plaintiff summary judgment and dismissed the complaint. In the Appellate Division's view, 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. Without passing on the reasoning of the court below, we note that plaintiff has now obtained leave from the Queen's Bench Division of England's High Court of Justice to issue a writ of execution and, on plaintiff's motion, the record in this court has been expanded to include documentation of that order. The Appellate Division, having held that CPLR 5302 was not satisfied because of the perceived lack of enforceability, did not reach defendants' remaining arguments concerning other mandatory and discretionary grounds for denying recognition of the foreign judgments under CPLR 5304. In view of the addition to the record, we remit this case to the Appellate Division for its consideration of those remaining issues.
Order reversed, with costs, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.
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Lenchyshyn and Micro Furnace v. Pelko Elect.
...recognition of foreign country judgments (see, Overseas Dev. Bank in Liquidation v Nothmann, 103 A.D.2d 534, 538, revd on other grounds 64 N.Y.2d 927; Porisini v Petricca, 90 A.D.2d 949, 949-950) and is a companion to CPLR article 54, which is New York's version of the "Uniform Enforcement ......
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Sea Trade Mar. Corp. v. Coutsodontis
...Dev. Bank in Liquidation v Nothmann, 103 A.D.2d 534, 480 N.Y.S.2d 735 (2d Dept.1984), revd. on other grounds 64 N.Y.2d 927, 488 N.Y.S.2d 632, 477 N.E.2d 1086 (1985), on which defendant relies, is distinguishable. Unlike the foreign judgment in Overseas, the foreign judgment in the case at b......
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Harris S.A. De C.V. v. Grupo Sistemas Integrales
...on a motion for summary judgment (see, Overseas Dev. Bank in Liquidation v Rothmann, 103 A.D.2d 534, 540, reversed on other grounds 64 N.Y.2d 927). Given the state of the record, which contained translations of the judgment, the order confirming the judicial sale, a translated record of the......
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Overseas Development Bank In Liquidation v. Nothmann
...reversed the order of this court, and remitted the case here for further proceedings (see, Overseas Dev. Bank in Liquidation v. Nothmann, 64 N.Y.2d 927, 488 N.Y.S.2d 632, 477 N.E.2d 1086). Order and judgment of the Supreme Court, Suffolk County, entered March 3, 1983, Appeal from the order ......