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HYUNDAI v. REPUBLIC OF IRAQ

20 A.D.3d 56 (2005)

794 N.Y.S.2d 327

HYUNDAI CORPORATION et al., Respondents, v. THE REPUBLIC OF IRAQ et al., Defendants, and THE CENTRAL BANK OF IRAQ, Appellant.

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

April 28, 2005.

Attorney(s) appearing for the Case

Sinnreich Safar & Kosakoff LLP, Central Islip (Jonathan Sinnreich of counsel), for appellant.

Bingham McCutchen LLP, New York City (Mark M. Elliott, Jared R. Clark and Joshua Dorchak of counsel), for respondents.

SULLIVAN and NARDELLI, JJ., concur with MARLOW, J.; SAXE, J.P., and CATTERSON, J., dissent in a separate opinion by SAXE, J.P.

OPINION OF THE COURT

MARLOW, J.

We are asked on this appeal to decide whether the doctrine of federal preemption applies to a motion to vacate a default judgment where movant is a foreign sovereignty. In this appeal, plaintiff caused a default judgment to be entered against defendant Central Bank of Iraq pursuant to the Foreign Sovereign Immunities Act (28 USC § 1602 et seq.), which is the mandatory procedural vehicle to obtain a default judgment...

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