Legal Opinion

Sung Hwan Co. v. Rite Aid Corp.

New York Court of Appeals

Decided June 6, 2006PublishedCited by 39 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

Plaintiff seeks enforcement of a foreign money judgment under CPLR article 53 — recognition of foreign country money judgments — that was entered by the District Court of Seoul, Republic of Korea. Defendant argues that the Korean court was without jurisdiction, as the judgment was based on a cause of action that, although cast in terms of tort, would be considered a breach of contract claim in New York and would therefore not qualify as a basis for CPLR 302 long-arm jurisdiction. The fact that a foreign country’s substantive law differs from New York law,…

2Cases cited10 opinions

  1. Hilton v. GuyotSupreme Court of the United States · 1895
  2. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  3. LaMarca v. Pak-Mor Manufacturing Co.New York Court of Appeals · 2000
  4. Greschler v. GreschlerNew York Court of Appeals · 1980
  5. Sybron Corp. v. WetzelNew York Court of Appeals · 1978

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3Cited by39 opinions

  1. Penguin Group (USA) Inc. v. American BuddhaNew York Court of Appeals · 2011
  2. Rachel Ehrenfeld v. Khalid Salim Bin Mahfouz, Docket No. 06-2228-CvCourt of Appeals for the Second Circuit · 2007
  3. City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
  4. Evans Cabinet Corp. v. Kitchen International, Inc.Court of Appeals for the First Circuit · 2010
  5. John Galliano, S.A. v. Stallion, Inc.New York Court of Appeals · 2010

34 more not listed; retrieve them via the Exa API.

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