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Doctrine of Comity Precluded New York Action Attacking Bermuda Judgment

The Second Department determined Supreme Court, under the doctrine of comity, properly dismissed the complaint attacking a foreign country judgment. Plaintiff had appeared in the Bermuda case and made no showing of fraud or a public policy violation:

Generally, the courts of this State will “accord recognition to the judgments rendered in a foreign country under the doctrine of comity,” which is “the equivalent of full faith and credit given by courts to judgments of our sister States” … . Absent some showing of fraud in the procurement of the foreign country judgment or that recognition of the judgment would do violence to a strong public policy of New York State, a party who properly appeared in the action is precluded from attacking the validity of the foreign country judgment in a collateral proceeding commenced in a New York court … .

Contrary to the plaintiff’s contention, the Supreme Court properly determined that the adjudication of his claims for compensation under employment and consulting agreements with his former employer in a winding-up proceeding that was litigated in the British Overseas Territory of Bermuda precluded the instant action against the employer, among others, to recover damages for breach of contract and fraud. The plaintiff appeared in the Bermuda proceeding by submitting his claims to the Bermuda court, and made no showing of fraud or that a public policy of this State would be violated by recognizing the Bermuda court’s rejection of his claims. Accordingly, the Supreme Court properly granted that branch of the defendants’ motion which was to dismiss the complaint based on principles of comity. Basile v CAI Master Allocation Fund, Ltd., 2015 NY Slip Op 06650, 2nd Dept 8-26-15

 

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Policy Exclusions Not Affected by Additional Insured Endorsement

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