Flisfeder v. Jardine — 300 A.D.2d 1132

Majority

p. 1132

Avrum M. Flisfeder, as Administrator of the Estate of Hyman H. Husdan, Deceased, Respondent, v Diane Jardine, Appellant.

[751 NYS2d 890]

—Appeal from that part of an order of Supreme Court, Monroe County (Polito, J.), entered September 18, 2001, that granted plaintiffs motion for summary judgment in lieu of a complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated at Supreme Court, Monroe County (Polito, J.). We add only that we reject defendant’s contention that “the cause of action on which the [foreign country] judgment is based is repugnant to the public policy of this state” (CPLR 5304 [b] [4]). CPLR 5304 (b) (4) may not be invoked “unless enforcement [of such judgment] would result in the recognition of a ‘transaction which is inherently vicious, wicked or immoral, and shocking to the prevailing moral sense’ ” (Greschler v Greschler, 51 NY2d 368 , 377, quoting Intercontinental Hotels Corp. [Puerto Rico] v Golden, 15 NY2d 9 , 13), and that cannot be said of the judgment at issue here. Present — Hayes, J.P., Wisner, Hurlbutt, Scudder and Gorski, JJ.

Cases cited

Greschler v. Greschler 51 NY2d 368 N.Y. 1980-11-25 at 377 p. 1132
Intercontinental Hotels Corp. v. Golden 15 NY2d 9 N.Y. 1964-11-19 at 13 p. 1132