von Engelbrechten v. Galvanoni & Nevy Bros.

After a trial of this action, without a jury, I previously held (59 Misc 2d 721) that the plaintiff was entitled to a money judgment on an award made by the Hamburg (Germany) Amicable Court of Arbitration.

The defendant now moves to vacate that determination and asks for judgment dismissing the complaint or, alternatively, an order directing a new trial (CPLR 4404, subd. [b]). The sole basis of the motion is defendant’s claim that the action was Dime-barred, more than one year having elapsed between the making of the award in Germany and the service of the summons here (CPLR 215, subd. 5).

The…