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“The Full Faith and Credit Clause [of the United States Constitution] requires that a New York court afford the judgment of a sister [s]tate the same credit, validity, and effect that it would have in the [s]tate that rendered it.” (Boats v. Acierno, 54 N.Y.S.3d 109, 110 [2nd Dept. 2017].) “The rationale is that a party who has been given a full and fair opportunity to litigate a claim should not be allowed to do so again.” (O’Connell v. Corcoran, 1 N.Y. 3d 179, 184-85 [2003].)
Section 3213 of Civil Practice Law and Rules provides an expedited procedure for the recognition of sister state judgments in lieu of the filing of a plenary action. (Civ. Prac. Law & Rules, § 3213.) “When an action is based… upon any judgment, the plaintiff may serve with the summons a notice for summary judgment and the supporting papers in lieu of a complaint.” (Id.)
The sole inquiry, if raised, is the determination of whether the rendering court had jurisdiction to issue the judgment. (Fiore v. Oakwood Plaza Shopping Center, Inc., 78 N.Y.2d 572, 577 [1991].) “As a matter of full faith and credit, review by the courts of this State is limited to determining whether the rendering court had jurisdiction, an inquiry which includes due process considerations. Thus, inquiry into the merits of the underlying dispute is foreclosed; the facts have bearing only in the limited context of our jurisdictional review.” (Id.)
While the merits of the judgment of a sister-state may not be collaterally attacked, a judgment debtor may challenge the judgment on the basis of a lack of personal jurisdiction. (Stracar Med. Servs. v. Nationwide Mut. Ins. Co., 39 Misc. 3d 1216(A) [2013].) Purported challenges to the jurisdiction of the rendering court must be presented as affirmative defenses by a judgment debtor; Sua sponte analysis by the court is not required or warranted. (Buckeye Retirement Co., LLC, Ltd. v. Lee, III, 41 A.D.3d 183, 184 [2007].)
“The constitutional requirement of full faith and credit precludes any inquiry into the merits of the judgment, the logic of consistency of the decision underlying it or the validity of the legal principles on which it is based.” (The Caddle Company v. Tri-Angle Assocs., 18 A.D.3d 100, 103 [1st Dept. 2005].)
Review of a sister-state judgment is limited to the issue of jurisdiction of the rendering state. (Ho v. McCarthy, 90 A.D.3d 710, 711 [2nd Dept. 2011].) In other words, the court may not re-visit the merits of the plaintiff’s claims; the court may only review whether the rendering forum had jurisdiction over the defendant to render the judgment at issue. (Madjar v. Rosa, 83 A.D.3d 1011 [2nd Dept. 2011].) Where the defendant raises the issue of lack of personal jurisdiction, the court “must look to the jurisdictional statutes of the forum in which the judgment was rendered as well as due process considerations.” (Ho v. McCarthy, 90 A.D.3d 710, 711 [2nd Dept. 2011].)
Once it is determined that the sister state properly exercised jurisdiction over the defendant parties, this court’s review of the foreign judgment ends and an inquiry into the merits of the underlying dispute is foreclosed. (Fiore v. Oakwood Plaza Shopping Ctr., 78 N.Y.S.2d 572, 577 [1991].)
FILED: BROOME COUNTY CLERK 01/18/2024 10:37 AM INDEX NO. EFCA2023001693 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024 EXHIBIT D FILED: BROOME COUNTY CLERK 01/18/2024 10:37 AM INDEX NO. EFCA2023001693 NYSCEF DOC. NO. 23 …
FILED: BRONX COUNTY CLERK 11/21/2023 01:05 PM INDEX NO. 818736/2023E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/21/2023 EXHIBIT B FILED: BRONX COUNTY CLERK 11/21/2023 01:05 PM INDEX NO. 818736/2023E NYSCEF DOC. NO. 4 …
Nov 21, 2023
RJI Pending
Bronx County, NY
Nov 21, 2023
FILED: WESTCHESTER COUNTY CLERK 05/11/2023 12:59 PM INDEX NO. 56760/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 05/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Index No. 56760/2023 ______________________________________________________________________________ CADLEROCK J…
FILED: JEFFERSON COUNTY CLERK 02/03/2023 03:21 PM INDEX NO. EF2021-00001684 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/03/2023 Superior Court of California County of San Diego Civil Unique ID-CO782-12 CASE 37-2008-00088409-CL-CL-CTL VOLUME 1 TOTAL 1 VOL…
FILED: BRONX COUNTY CLERK 02/01/2023 10:18 AM INDEX NO. 801778/2023E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/01/2023 EXHIBIT B FILED: BRONX COUNTY CLERK 02/01/2023 10:18 AM INDEX NO. 801778/2023E NYSCEF DOC. NO. 4 …
Feb 01, 2023
Disposed-Court Date/Application Pending
FILED: KINGS COUNTY CLERK 01/24/2023 01:55 PM INDEX NO. 32106/2007 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 01/24/2023 EXHIBITS A-C to Plaintiff s Opposition - …
Aug 24, 2007
Disposed-Court Date/Application Pending
FILED: WESTCHESTER COUNTY CLERK 12/11/2022 01:28 PM INDEX NO. 67148/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/11/2022 EXHIBIT A FILED: BER-L-003994-21 WESTCHESTER COUNTY 06/21/2021 …
Oct 17, 2022
Active-Post Judgment
FILED: NEW YORK COUNTY CLERK 11/02/2022 06:03 PM INDEX NO. 651639/2020 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/02/2022 EXHIBIT 7 FILED: NEW YORK COUNTY CLERK 11/02/2022 06:03 PM …
New York County, NY
Nov 02, 2022
Commercial - Contract
FILED: NASSAU COUNTY CLERK 04/02/2022 09:29 PM INDEX NO. 615205/2021 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2022 "A" EXHIBIT FILED: NASSAU COUNTY CLERK …
FILED: NASSAU COUNTY CLERK 01/24/2022 03/15/2022 10:48 10:46 AM INDEX NO. 612659/2021 NYSCEF DOC. NO. 277 383 RECEIVED NYSCEF: 01/24/2022 …
FILED: ERIE COUNTY CLERK 03/14/2022 08:37 PM INDEX NO. 802987/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ....... .. …
Mar 14, 2022
Pre-RJI
FILED: ERIE COUNTY CLERK 03/14/2022 08:37 PM INDEX NO. 802987/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ....... .. …
Erie County, NY
Mar 14, 2022
Michael Siragusa
FILED: NEW YORK COUNTY CLERK 03/07/2022 11:25 PM INDEX NO. 158440/2020 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 03/07/2022 EXHIBIT 7 FILED: FILED : NEW NEW YORK YORK COUNT…
FILED: NASSAU COUNTY CLERK 01/24/2022 10:48 AM INDEX NO. 612659/2021 NYSCEF DOC. NO. 277 RECEIVED NYSCEF: 01/24/2022 PLAINTIFFS' AFFIDAVIT IN SUPPORT OF OPPOSITION (OMNIBUS OPPOSITION …
FILED: ERIE COUNTY CLERK 01/12/2022 01:27 PM INDEX NO. 807458/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/12/2022 STATE OF NEWYORK SUPREME COURT : COUNTY OF ERIE FELLOWSHIP HOUSE FOUNDATION, INC, Judgment Creditor, Plaintiff, AFFIDAVIT OF SERVICE -against- I…
Erie County, NY
Jan 12, 2022
Catherine Nugent Panepint
FILED: NEW YORK COUNTY CLERK 01/07/2022 02:50 PM INDEX NO. 653506/2021 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 01/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PURLIN 2, LLC, ARENA INVESTORS, L.P. and ARENA LIMITED SPV, LLC, …
FILED: ERIE COUNTY CLERK 01/04/2022 03:48 PM INDEX NO. 807458/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE -----------------------------------------------------------------------x FELLOWSHIP HOUSE FOUNDATION, INC., : In…
Erie County, NY
Jan 04, 2022
Catherine Nugent Panepint
FILED: JEFFERSON COUNTY CLERK 10/07/2021 04:07 PM INDEX NO. EF2021-00001684 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/07/2021 EXHIBIT 1 2008 California Case File FILED: …
= INDEX NO. EF2021-00001684 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/07/2021 EXHIBIT 3 2017 ExecutionINDEX NO. EF2021-00001684 .NYSCEF DOC. NO. 25 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stete Bar number and address): Aimee R. Morris (SBN 141699) MORRIS LAW, P.C. 7588 Hillmont Drive Oakland, CA 94605 TeLepHone no: (877)991-0548 FAX NO; E-MAIL ADDRESS. ATTORNEY FOR (Nama); Plaintiff, MCT GROUP ATTORNEY FDR suocMenTcreoror [__] Assignee oF street acoress: 330 W. Broadway MAILING ADORESS…
FILED: NASSAU COUNTY CLERK 09/22/2021 05:15 PM INDEX NO. 609646/2020 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 09/22/2021 EXHIBIT K FILED: NASSAU COUNTY CLERK 09/22/2021 05:15 PM INDEX NO. 609646/2020 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 09/22/2021 …
FILED: NASSAU COUNTY CLERK 08/23/2021 09/08/2021 12:14 05:09 PM INDEX NO. 609646/2020 NYSCEF DOC. NO. 152 165 RECEIVED NYSCEF: 08/23/2021 …
FILED: NASSAU COUNTY CLERK 08/23/2021 09/04/2021 12:14 06:34 PM INDEX NO. 609646/2020 NYSCEF DOC. NO. 152 160 RECEIVED NYSCEF: 08/23/2021 …
FILED: NEW YORK COUNTY CLERK 05/14/2021 08:13 PM INDEX NO. 656081/2020 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/14/2021 Timekeeper Date Hours Dollar Amount Narrative …
FILED: SUFFOLK COUNTY CLERK 04/19/2021 05:23 PM INDEX NO. 604299/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------X Index No.: 604299/2…
FILED: NEW YORK COUNTY CLERK 02/01/2021 11:46 PM INDEX NO. 451368/2020 NYSCEF DOC. NO. 448 RECEIVED NYSCEF: 02/01/2021 EXHIBIT G FILED: NEW YORK COUNTY CLERK 02/01/2021 11:46 PM …
Jun 10, 2020
Disposed-Court Date/Application Pending
FILED: NEW YORK COUNTY CLERK 10/09/2020 08:20 PM INDEX NO. 653370/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/09/2020 SUPREME COURT OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION ANDREW FRANKLIN, …
FILED: ONTARIO COUNTY CLERK 10/09/2020 03:21 PM INDEX NO. 119001-2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/09/2020 202010130032 Index # : 119001-2018 SUPREME COURT OF THE STATE OF NEW YORK …
Ontario County, NY
Oct 09, 2020
Jscott Odorisi
FILED: NASSAU COUNTY CLERK 10/01/2020 09:48 PM INDEX NO. 609246/2020 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 10/01/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CV ALEXANDRIA, LLC, Index No. 609246/2020 (Driscoll, J.) Plaintiff, …
FILED: NASSAU COUNTY CLERK 10/01/2020 09:20 PM INDEX NO. 609246/2020 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 10/01/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CV ALEXANDRIA, LLC, Index No. 609246/2020 (Driscoll, J.) Plaintiff, …
FILED: QUEENS COUNTY CLERK 09/16/2020 11:49 PM INDEX NO. 704088/2020 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 09/16/2020 FILED: APPELLATE DIVISION - 2ND DEPT 09/09/2020 01:05 PM 2019-14305 NYSCEF DOC. NO. 4 …
Queens County, NY
Sep 16, 2020
Commercial - Other (forged contract signature)
FILED: QUEENS COUNTY CLERK 07/23/2020 10:15 PM INDEX NO. 707388/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------…
Apr 25, 2017
Disposed
FILED: ONTARIO COUNTY CLERK 07/09/2020 02:12 PM INDEX NO. 119001-2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/09/2020 202007090184 Index#:119001-2018 SUPREME COURT OF THE STAT…
Ontario County, NY
Jul 09, 2020
Jscott Odorisi
FILED: NEW YORK COUNTY CLERK 01/14/2020 02:59 PM INDEX NO. 651397/2019 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SKY BIRD TRAVEL AND TOURS INC., Plaintiff, …
New York County, NY
Jan 14, 2020
Commercial - Other (Sister state judgment)
FILED: WESTCHESTER COUNTY CLERK 01/06/2020 03:19 PM INDEX NO. 54262/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/06/2020 To commence the statutory …
Westchester County, NY
Jan 06, 2020
Commercial - Contract
FILED: NEW YORK COUNTY CLERK 11/08/2019 05:29 PM INDEX NO. 651397/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SKY BIRD TRAVEL AND TOURS INC., Plaintiff, …
New York County, NY
Nov 08, 2019
Commercial - Other (Sister state judgment)
FILED: NEW YORK COUNTY CLERK 09/30/2019 08:48 PM INDEX NO. 654232/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------x …
New York County, NY
Sep 30, 2019
Commercial - Other (Commercial General)
FILED: NEW YORK COUNTY CLERK 03/07/2019 04:30 PM INDEX NO. 651397/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SKY BIRD TRAVEL AND TOURS INC., Plaintiff, …
New York County, NY
Mar 07, 2019
Commercial - Other (Sister state judgment)
FILED: WESTCHESTER COUNTY CLERK 05/14/2018 09:22 AM INDEX NO. 69366/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/14/2018 ,SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER To commence the s…
Westchester County, NY
May 14, 2018
Commercial - Other (Out of State Judgment)
FILED: WESTCHESTER COUNTY CLERK 05/14/2018 09:22 AM INDEX NO. 69366/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/14/2018 ,SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER To commence the s…
Westchester County, NY
May 14, 2018
Commercial - Other (Out of State Judgment)
FILED: WESTCHESTER COUNTY CLERK 05/14/2018 09:22 AM INDEX NO. 69366/2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/14/2018 ,SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER To commence the s…
Westchester County, NY
May 14, 2018
Commercial - Other (Out of State Judgment)
FILED: BRONX COUNTY CLERK 10/25/2017 10:15 PM INDEX NO. 22790/2017E NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/25/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X MULT…
Bronx County, NY
Oct 25, 2017
Real Property - Other (Judgment Lien Foreclosure)
FILED: BRONX COUNTY CLERK 10/25/2017 10:15 PM INDEX NO. 22790/2017E NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/25/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X MULTIBANK 2009-1 RES-ADC VENTURE, LLC, A Delaware Limited Liability Compan…
Bronx County, NY
Oct 25, 2017
Real Property - Other (Judgment Lien Foreclosure)
FILED: QUEENS COUNTY CLERK 10/24/2017 03:08 PM INDEX NO. 714770/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/24/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X …
Queens County, NY
Oct 24, 2017
Commercial - Contract
FILED: QUEENS COUNTY CLERK 10/18/2017 02:20 PM INDEX NO. 714770/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/18/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------X Index No.: …
Queens County, NY
Oct 18, 2017
Commercial - Contract
FILED: NEW YORK COUNTY CLERK 02/28/2017 01:27 PM INDEX NO. 651826/2012 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 02/28/2017 Dated: February 27, 2017 SUPREME COURT OF THE STATE OF NEW YORK …
New York County, NY
Feb 28, 2017
Commercial (General)
FILED: NEW YORK COUNTY CLERK 02/27/2017 06:56 PM INDEX NO. 651826/2012 NYSCEF DOC. NO. 311 RECEIVED NYSCEF: 02/27/2017 Dated: February 27, 2017 SUPREME COURT OF THE STATE OF NEW YORK …
New York County, NY
Feb 27, 2017
Commercial (General)
FILED: NEW YORK COUNTY CLERK 01/28/2017 12:47 AM INDEX NO. 159914/2016 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/28/2017 SUPREME COURT OF NEW YORK COUNTY OF NEW YORK Present: Hon. Manuel Mendez x IRENE M. MESSOLORAS, …
Nov 24, 2016
Disposed
New York County, NY
Jan 28, 2017
Special Proceedings - Other (3213 Motion in Lieu of SJ)
(FILED: KINGS COUNTY CLERK 0772472015 09:35 AM INDEX NO. 500740/2015 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/24/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JACHTS-COLUMBIA CAN, LLC, Index No. 500740/2015 Plaintiff, aintiff, NOTICE OF SETTLEMENT -against- SAMAX ENTERPRISES, INC., Defendant. PLEASE TAKE NOTICE than an Order of which the within is a true copy will be presented for settlement to the Hon. Johnny Lee Baynes, J.S.C. of the within named Court, 360 Adams Street, B…
Kings County, NY
Jul 24, 2015
Contract (Non-Commercial)
Kings Djmp
FILED: NEW YORK COUNTY CLERK 04/20/2015 10:32 PM INDEX NO. 600112/2009 NYSCEF DOC. NO. 593 RECEIVED NYSCEF: 04/20/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X …
New York County, NY
Apr 20, 2015
Commercial Division
FILED: NEW YORK COUNTY CLERK 04/15/2015 11:19 PM INDEX NO. 600112/2009 NYSCEF DOC. NO. 585 RECEIVED NYSCEF: 04/15/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------- X …
New York County, NY
Apr 15, 2015
Commercial Division
INDEX NO. 152679/2014 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 10/22/2014 SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY PRESENT: HON. PAUL WOOTEN PART _7 Justice ALBANIABEG AMBIENT SH.P.K., …
New York County, NY
Oct 22, 2014
Other Special Proceeding
FILED: QUEENS COUNTY CLERK 04/28/2014 INDEX NO. 705854/2013 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/28/2014 MEMORANDUM SUPREME COURT - STATE OF NEW YORK …
Queens County, NY
Apr 28, 2014
Contract (Non-Commercial)
INDEX NO. 652644/2013 (FILED: NEW YORK COUNTY CLERK 0771772013) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/29/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eornonenoranenernenccenrennenmnccnnennmmennencennnnnsnmncecescee) ARTISTS ADDICTION RECORDS, LLC, aCALLc, …
New York County, NY
Jul 29, 2013
Commercial
FILED: NEW YORK COUNTY CLERK 08/04/2011 INDEX NO. 601003/2010 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/04/2011 By order of Justice Ramos, these motion papers may not be taken apart or otherwise tampered with. …
New York County, NY
Aug 04, 2011
Commercial Division
INDEX NO. 600923/2010 (FILED: NEW YORK COUNTY CLERK 11/19/2010) NYSCEF DOC. NO. 18 RECEIVED NYSCEF 11/19/2010 ee » SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF NEW YORK penne. -x I…
New York County, NY
Nov 19, 2010
Tort
Richard Braun
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