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ALBANIABEG v. ENEL S.P.A.

152679/14, 3306.

160 A.D.3d 93 (2018)

73 N.Y.S.3d 1

2018 NY Slip Op 00928

ALBANIABEG AMBIENT SH.P.K., Respondent, v. ENEL S.P.A. et al., Appellants.

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

Decided February 8, 2018.

Attorney(s) appearing for the Case

Davis Polk & Wardwell LLP, New York City ( Antonio J. Perez-Marques , David B. Toscano , Gina M. Cora and Joseph M. Spadola of counsel), for appellants.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Tai-Heng Cheng , Julia J. Peck and Cory D. Struble of counsel), for respondent.

ANDRIAS, KAPNICK and GESMER, JJ., Concur.

OPINION OF THE COURT

This appeal arises from a proceeding to recognize and enforce a foreign country judgment under CPLR article 53. Defendants have raised colorable statutory grounds for denying the foreign judgment recognition. Under these circumstances, we hold that there must be either an in personam or an in rem jurisdictional...

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