Fourth Department – Foreign judgments: Cayuga Nation v. Parker

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Foreign judgments — Fine or penalty

Cayuga Nation v. Parker

CA 23-00163

Appealed from Supreme Court, Cayuga County

Background: The respondents appealed from a judgment granting the petitioner’s Article 4 petition to domesticate a Cayuga Nation Civil Court judgment, which was granted after a finding by the Nation Court that the respondents were in contempt of its order permanently enjoining the respondents from operating their business. The respondents argue that the foreign country judgment is a fine and therefore may not be recognized under CPLR Article 53.

Ruling: The Appellate Division reversed and dismissed the petition. The court noted that foreign judgment does not apply to a foreign country judgment to the extent the judgment is a fine or penalty. The Appellate Division held that there is no dispute that the judgments at issue are a fine as the Nation Court leveled the judgments against the respondents for being in contempt of an order permanently enjoining the respondents from operating their business.

Erik A. Goergern, of Nixon Peabody, for the respondents-appellants; Lee Alcott, of Barclay Damon, for the petitioner-respondent.