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HARVARDSKY v. KOZENY

651826/12, 11144.

117 A.D.3d 77 (2014)

983 N.Y.S.2d 240

2014 NY Slip Op 2250

HARVARDSKY PRUMYSLOVY HOLDING, AS.-V LIKVIDACI, Appellant, v. VIKTOR KOZENY, Defendant, and LANDLOCKED SHIPPING COMPANY, Respondent.

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

Decided April 1, 2014.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP, New York City ( Edward G. Baldwin , Michael D. Nolan and Sander Bak of counsel), for appellant.

Shoemaker Ghiselli + Schwartz LLC, Boulder, CO ( Paul Schwartz of the bar of the State of Colorado, admitted pro hac vice, of counsel), Carter Ledyard & Milburn LLP, New York City ( Judith A Lockhart of counsel), and James Nesland, New York City, for respondent.

GONZALEZ, P.J., RENWICK, FREEDMAN and CLARK, JJ., concur.

OPINION OF THE COURT

Tom, J.

We are called upon to decide whether the courts of this state must recognize a foreign country judgment issued by a criminal court awarding a sum of money as compensation for damages sustained by the victim of a fraudulent scheme (see CPLR 5303). Defendant Landlocked Shipping Company argues, inter alia, that because the judgment was rendered by a Czech criminal court, it is not civil in nature and, thus, unenforceable...

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