L & W Air Conditioning Co. v. Varsity Inn of Rochester, Inc.

The plaintiff took judgment against the defendant in the State of Georgia and has filed that judgment with the clerk of the County of Monroe, State of New York, pursuant to CPLR article 54 entitled "Enforcement of Judgments Entitled to Full Faith and Credit.” Defendant moves to set aside that judgment upon three grounds: (1) that the judgment was taken by default and CPLR article 54 does not permit the filing in New York State of foreign default judgments; (2) that the Georgia court lacked jurisdiction; and (3) that defendant did not receive notice of the time of trial in violation of its…