Although plaintiff proceeded to enforce a foreign judgment by plenary action, authorized by CPLR 5406 as an additional option to the filing procedure in CPLR article 54, defendant was not prejudiced by the notice of motion stating that judgment was sought pursuant to article 54. Contrary to defendant's contention, arguments he might have made in opposition to the summary judgment motion were foreclosed by the California court orders denying vacatur of his default, retaining...
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