Opinion
CA 02-01355
December 30, 2002.
Appeal from that part of an order of Supreme Court, Monroe County (Polito, J.), entered September 18, 2001, that granted plaintiff's motion for summary judgment in lieu of a complaint.
HARRIS, CHESWORTH O'BRIEN, ROCHESTER (MICHAEL P. LEONE OF COUNSEL), FOR DEFENDANT-APPELLANT.
DOBOZIN DANZIGER, BUFFALO (JACK DANZIGER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HAYES, J.P., WISNER, HURLBUTT, SCUDDER, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
We affirm for reasons stated at Supreme Court, Monroe County (Polito, J.). We add only that we reject defendant's contention that "the cause of action on which the [foreign country] judgment is based is repugnant to the public policy of this state" (CPLR 5304 [b] [4]). CPLR 5304(b)(4) may not be invoked "unless enforcement [of such judgment] would result in the recognition of a `transaction which is inherently vicious, wicked or immoral, and shocking to the prevailing moral sense'" ( Greschler v. Greschler, 51 N.Y.2d 368, 377, quoting Intercontinental Hotels Corp. [Puerto Rico] v. Golden, 15 N.Y.2d 9, 13), and that cannot be said of the judgment at issue here.