Opinion
570251/04, 04-199.
Decided June 28, 2005.
Defendant appeals from an order of the Civil Court, New York County, entered January 5, 2004 (Delores J. Thomas, J.) which granted plaintiff's motion for summary judgment in the principal amount of $6,938.45.
Order entered January 5, 2004 (Delores J. Thomas, J.) affirmed, with $10 costs.
PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD JJ.
Civil Court properly determined that the California judgment was entitled to full faith and credit and was not subject to collateral attack ( The Cadle Co. v. Tri-Angle Associates, ___ AD3d ___, 2005 NY Slip Op 03178). Defendant's claim that the California court did not have jurisdiction over him is unavailing since defendant made a special appearance in the California action to contest personal jurisdiction and his motion to quash service was denied. "As to judgments of sister states, the rule is well settled: a defendant who has made a special appearance to challenge the jurisdiction of the sister state's courts, and whose position has been considered and rejected by that court, may not be heard to raise the jurisdictional challenge anew when the plaintiff seeks to enforce the judgment in a second state" ( CIBC Mellon Trust Company v. Mora Hotel Corporation N.V., 296 AD2d 81, 91-92).
We also find meritless defendant's contention that, contrary to the requirements of CPLR § 5401, the California judgment was obtained by a default in appearance. Defendant answered the complaint in the California action after his jurisdictional challenge was rejected, and a judgment was entered against him due to his subsequent failure to appear for conference. Once jurisdiction was conferred over defendant in California, it was not divested by his failure to appear in the later stages of the proceeding ( Shine, Julianelle, Karp, Bozelko Karazin, P.C. v. Rubens, 192 AD2d 345).
This constitutes the decision and order of the court.