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STUMPF AG v. DYNEGY INC.

32 A.D.3d 232 (2006)

820 N.Y.S.2d 24

STUMPF AG, Appellant, v. DYNEGY INC. et al., Respondents, et al., Defendant.

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

August 3, 2006.

The court properly declined to recognize the English High Court judgment as conclusive on the issues of the breach of contract and levels of liability against Crisscross, and preclusion of defendants Dynegy and 360Networks Holdings from "relitigating" those issues as they might affect their own liability derivative from that of Crisscross. The High Court judgment did not fall within CPLR article 53, inasmuch as it was not "enforceable...

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