(DOWNLOAD) "I.D.R.P." by New York County Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: I.D.R.P.
- Author : New York County Supreme Court
- Release Date : January 28, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Plaintiff moves for an order granting summary judgment and the attachment of defendants assets within the State of New York. Defendant cross-moves for leave to submit an additional memorandum of law in opposition to plaintiffs motion. Plaintiff sues to recover the sum of $211, 919.77 due under a judgment originally registered in the amount of $254, 954. 57 on July 15, 2004 by the Sixth Division of the Commercial Court in the Judicial District of Antwerp, Belgium. The underlying transaction is the sale of diamonds by plaintiff to defendant. CPLR 5302 provides that, except as provided in CPLR 5304, a foreign country judgment is conclusive between the parties and enforceable to the extent that it grants or denies a sum of money. CPLR 5304 (a) (1) provides that a foreign country judgment is not conclusive if the foreign court did not have personal jurisdiction over the defendant. Defendant alleges that the Belgian court lacked personal jurisdiction over it because the Belgian writ was served by mail. The Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (20 U. S. T. 361, T. I. A. S. No. 6638 [1969]) is a multilateral treaty designed to "simplify service of process abroad so as to assure that documents are brought to the notice of the addressee in sufficient time" (Reynolds v Koh, 109 AD2d 97 [3rd Dept 1985]). The Hague Convention article 10 provides:
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