Summary
affirming lower court's grant of plaintiff's motion for summary judgment enforcing Canadian money judgment against defendant
Summary of this case from Xceed Mtge. Corp. v. RamchandaniOpinion
2002-02607
Argued January 24, 2003.
February 24, 2003.
In an action pursuant to CPLR article 53 to enforce a judgment of a foreign country, brought by motion for summary judgment in lieu of complaint, the defendants appeal from a judgment of the Supreme Court, Westchester County (Rudolph, J.), dated January 28, 2002, which, upon an order of the same court dated December 7, 2001, granting the motion, is in favor of the plaintiff and against them in the principal sum of $88,716.
Jeffrey I. Klein, White Plains, N.Y., for appellants.
Harter Secrest Emery, LLP, Rochester, N.Y. (Thomas G. Smith of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the defendants' contention, the Superior Court, Province of Quebec, District of Montreal, had a valid basis for exercising personal jurisdiction over them as they purposefully transacted business in Quebec (see CPLR 5305[b]; CPLR 302[a][1]; Dolec Consultants v. Lancer Litho Packaging Corp., 245 A.D.2d 415). Moreover, the Quebec court's exercise of jurisdiction did not violate principles of due process (see International Shoe Co. v. Washington, 326 U.S. 310, 319).
The defendants' contention that enforcing the Quebec judgment would be against public policy is without merit (see Greschler v. Greschler, 51 N.Y.2d 368, 376).
FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.