Gonzalez v. Lebensversicherung

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about February 25, 2002, which granted defendants’ motion to dismiss the complaint on grounds of forum non conveniens and res judicata, unanimously modified, on the law, to deny the motion to the extent that it is premised on the ground of res judicata, and otherwise affirmed, without costs.

The judgment entered in Madrid, Spain, cannot, as a matter of law, be considered a final judgment for purposes of res judicata, since uncontroverted expert testimony submitted on behalf of plaintiff raises a question as to whether…