Kuvan (Saproterin Dihydrochloride Tablets)- Multum

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, Kuvan (Saproterin Dihydrochloride Tablets)- Multum, 9, 10, 11, 13, 14, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52 were read on this motion for SUMMARY JUDGMENT IN LIEU OF COMPLAINT.

Plaintiff, Korean Deposit Insurance Corporation, moves for summary judgment in lieu of complaint against defendant, Jae Sung Jang. Plaintiff holds a judgment against defendant issued by the courts of South Korea. The motion is denied, and the action dismissed, for lack of personal or in rem jurisdiction over plaintiff's effort to domesticate and enforce the Korean judgment in this court.

A plaintiff may move under CPLR 3213 for summary judgment in lieu of complaint to enforce a money judgment. If a money judgment issued in a foreign Kuvan (Saproterin Dihydrochloride Tablets)- Multum is "final, conclusive and enforceable where rendered" (CPLR 5302), it may be enforced by CPLR 3213 motion-unless the judgment is subject to one of the exceptions listed in CPLR 5304.

As an initial matter, this court disagrees with defendant's argument that the court lacks personal jurisdiction over the CPLR 3213 action itself due to improper service. To be sure, plaintiff undisputedly served only defendant's counsel, rather than defendant himself. But as this court previously concluded (see NYSCEF No. Service of the motion papers on defendant's counsel was an appropriate means of expedient service. Defendant also contends that recognition here of the underlying Korean judgment is subject to a CPLR 5304 challenge because he assertedly was never validly served in the Korean proceeding resulting in that judgment.

He contends boehringer ingelheim pharma plaintiff is therefore required to establish that the New York courts have personal jurisdiction over him (or in Kuvan (Saproterin Dihydrochloride Tablets)- Multum jurisdiction over his Kuvan (Saproterin Dihydrochloride Tablets)- Multum that plaintiff has failed to meet that burden.

This court finds these contentions persuasive. As discussed above, to implicate plaintiff's obligation to establish personal jurisdiction in New York, defendant need only establish at this stage that Kuvan (Saproterin Dihydrochloride Tablets)- Multum has a colorable CPLR 5304 challenge to recognition of the Korean judgment.

This court concludes that defendant Kuvan (Saproterin Dihydrochloride Tablets)- Multum met Kuvan (Saproterin Dihydrochloride Tablets)- Multum burden. Defendant argues that the Korean judgment is not conclusive for purposes of CPLR 5304 (and thus not enforceable under CPLR 5303) because the Korean court daclatasvir personal jurisdiction over him. Defendant submits a sworn affidavit in which he states that he was never served with process in the Korean proceeding, did not attend or appear in the Korean proceeding (either through counsel or pro se), and indeed had not been living in Korea for over a decade when the proceeding was brought against him.

On reply, plaintiff submits what appears to be the court docket in the underlying proceeding, in both Korean and an English-language translation. At a minimum, this docket entry does not, as plaintiff suggests, establish that "the South Kuvan (Saproterin Dihydrochloride Tablets)- Multum court clearly had jurisdiction over defendant Jung," and that defendant's contrary arguments are "non-colorable" and "easily rejected.

This court concludes that plaintiff has not made that showing. It is undisputed that defendant moved to Canada months prior to commencement of this action.

Plaintiff has not established that the transfer of the Manhattan apartment was fraudulent-much less that the underlying divorce action in which that transfer occurred was a sham, as plaintiff contends. Franc Perry of this court.

Nor has plaintiff sufficiently established that the transfer was a tortious fraudulent conveyance that would give this court long-arm personal jurisdiction over defendant under CPLR 302 (a) (2). Absent personal or in rem jurisdiction, plaintiff cannot maintain an action in this court under CPLR 3213 and CPLR 5303 to enforce the Korean judgment against defendant.

ORDERED that plaintiff's motion under CPLR 3213 for summary judgment in lieu of complaint is denied, and the action is dismissed. Ask a Lawyer Find a Lawyer Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions.

Subscribe Korean Deposit Ins. This opinion is uncorrected and will not be published in the printed Official Kuvan (Saproterin Dihydrochloride Tablets)- Multum. Decided on December 4, 2020 Supreme Court, New York County Korean Deposit Insurance Corporation, Plaintiff, againstJae Sung Jung, Defendant.



19.06.2019 in 14:01 pepetri:
Извините за то, что вмешиваюсь… Но мне очень близка эта тема. Могу помочь с ответом.

19.06.2019 in 20:16 Порфирий:
Огромное вам пасибо! а еще посты на эту тему будут в будущем? Очень жду! зпр.

20.06.2019 in 08:08 Сидор:
И так тоже бывает:)

27.06.2019 in 18:40 Светлана:
Эт полезные штуки разныые))кароч прикона