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GRYPHON DOMESTIC VI, LLC v. APP INTERNATIONAL FINANCE COMPANY

45 A.D.3d 354 (2007)

848 N.Y.S.2d 612

GRYPHON DOMESTIC VI, LLC, et al., Respondents, et al., Plaintiff, v. APP INTERNATIONAL FINANCE COMPANY et al., Appellants.

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

Decided November 13, 2007.

Defendants' procurement of judgments in Indonesia was in bad faith. They deliberately erected legal impediments to the enforcement of this Court's orders with respect to indentures governed by New York law (see e.g. 41 A.D.3d 25 [2007]). Principles of comity will not prevent summary judgment in plaintiffs' favor under these circumstances.

Defendants' interpretation of the "no action" clause is unpersuasive, given the language...

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