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SAVINGS DEPOSIT INS. FUND OF TURKEY v. AKSOY

601721/04. Appeal No. 12738N. Case No. 2020-02239.

189 A.D.3d 722 (2020)

134 N.Y.S.3d 722

2020 NY Slip Op 08018

Savings Deposit Insurance Fund of Turkey (Tasarruf Medvuati Sigorta Fonu), Respondent, v. Erol Aksoy, Appellant.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Ortoli Rosenstadt, LLP, New York ( Marc S. Gottlieb of counsel), for appellant.

Kellner Herlihy Getty & Friedman, LLP, New York ( Douglas A. Kellner of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, Gesmer, Moulton, González, JJ.

Defendant contends that the New York judgment, which enforced a Turkish judgment, should be vacated because the Turkish judgment is no longer enforceable in Turkey (see CPLR 5015[a][5]). Defendant is precluded from challenging the validity and enforceability of the Turkish judgment at the time the New York judgment was entered, because this issue was already decided against him in a proceeding in which he had a full and fair opportunity to litigate. Even assuming that...

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