Union Commerce Leasing Corp. v. Kanbar

Full title: UNION COMMERCE LEASING CORP., Respondent, v. EDWARD S. KANBAR, Appellant

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

Date published: Nov 30, 1989

155 A.D.2d 396 (N.Y. App. Div. 1989)

548 N.Y.S.2d 22

Opinion

November 30, 1989

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).

Since the record establishes that the decision of the United States District Court addressed defendant's claims, including the motion to stay the enforcement of the judgment, the Supreme Court properly denied defendant's motion to vacate the filing of the judgment. Collateral attack on the ruling by the United States District Court is not permitted.

It is not necessary to reach the question of the partial satisfaction of the judgment pursuant to a 1985 stipulation since the United States Circuit Court of Appeals recently found no merit to defendant's claim (Union Commerce Leasing v Kanbar, 873 F.2d 299). Since the Federal action fully encompassed the claims defendant now seeks to litigate herein, and the foreign judgment is final, its decision must be afforded full faith and credit by this court ( 28 U.S.C. § 1738).

Concur — Sullivan, J.P., Carro, Milonas, Ellerin and Wallach, JJ.