SUNG HWAN CO v. RITE AID CORP


7 N.Y.3d 78 (2006)

850 N.E.2d 647

817 N.Y.S.2d 600

SUNG HWAN CO., LTD., Appellant, v. RITE AID CORPORATION, Respondent.

Court of Appeals of New York.

Decided June 6, 2006.


Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (David B. Hamm, Herbert Rubin, Ian Ceresney, Martin Evans, Michael Gallub and Linda M. Brown of counsel), for appellant.

Morgan, Lewis & Bockius, LLP, New York City and Washington, D.C. (Peter Buscemi, John E. Failla, Joseph Brooks, Brian A. Herman and Joshua Pepper of counsel), for respondent.

Chief Judge KAYE, and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

CIPARICK, J.

Plaintiff seeks enforcement of a foreign money judgment under CPLR article 53—recognition of foreign country money judgments—that was entered by the District Court of Seoul, Republic of Korea. Defendant argues that the Korean court was without jurisdiction, as the judgment was based on a cause of action that, although cast in terms of tort, would be considered...

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