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GONZALEZ v. LEBENSVERSICHERUNG AG

304 A.D.2d 427 (2003)

761 N.Y.S.2d 2

José R. GONZALEZ, on Behalf of Himself and TMW INVERSORES INSTITUCIONALES, S.L., Appellant, v. VICTORIA LEBENSVERSICHERUNG AG et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 17, 2003.

The judgment entered in Madrid, Spain, cannot, as a matter of law, be considered a final judgment for purposes of res judicata, since uncontroverted expert testimony submitted on behalf of plaintiff raises a question as to whether that judgment, during the pendency of the direct appeal therefrom, is final under Spanish law (cf. Matter of Hahnel, 88 Misc.2d 524, 527-528 [1976], affd 58 A.D.2d 531

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