Preferred RX, Inc. v. American Preferred Prescription, Inc.

Full title: PREFERRED RX, INC., Respondent, v. AMERICAN PREFERRED PRESCRIPTION, INC.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 3, 1995

214 A.D.2d 553 (N.Y. App. Div. 1995)

625 N.Y.S.2d 921

Opinion

April 3, 1995

Appeal from the Supreme Court, Nassau County (DiNoto, J.).

Ordered that the order is affirmed, with costs.

Contrary to the defendants' claim, the plaintiff properly filed, pursuant to CPLR 5402, a judgment of the United States District Court, Northern District of Ohio, dated January 25, 1993, finding the defendants liable for a specific amount of compensatory damages. The judgment, although not appealable pursuant to Federal Rules of Civil Procedure, rule 54 (b), was nevertheless "final" and entitled to full faith and credit (see, Metromedia Co. v Fugazy, 983 F.2d 350, cert denied ___ US ___, 113 SCt 2445; Keeton v Hustler Mag., 815 F.2d 857).

We have examined the defendants' remaining claim and find it to be without merit. Balletta, J.P., Rosenblatt, Ritter and Altman, JJ., concur.