Preferred RX, Inc. v. American Preferred Prescription, Inc.

Appellate Division of the Supreme Court of New York

Preferred RX, Inc. v. American Preferred Prescription, Inc.

214 A.D.2d 553, 625 N.Y.S.2d 921, 1995 N.Y. App. Div. LEXIS 3536

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 1995

StatusPublished

This text of 214 A.D.2d 553 (Preferred RX, Inc. v. American Preferred Prescription, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Preferred RX, Inc. v. American Preferred Prescription, Inc., 214 A.D.2d 553, 625 N.Y.S.2d 921, 1995 N.Y. App. Div. LEXIS 3536 (N.Y. Ct. App. 1995).

Pincite

Opinion

In an action to recover on a judgment of the United States District Court, Northern District of Ohio, dated January 25, 1993, which was filed with the clerk of the Supreme Court, Nassau County, pursuant to CPLR article 54, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), entered July 7, 1993, which denied their motion to vacate the filing of the foreign judgment, or, in the alternative, to stay enforcement of that judgment.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ claim, the plaintiff properly filed, pursuant to CPLR 5402, a judgment of the United States District Court, Northern District of Ohio, dated January 25, 1993, finding the defendants liable for a specific amount of compensatory damages. The judgment, although not appeal-able pursuant to Federal Rules of Civil Procedure, rule 54 (b), was nevertheless "final” and entitled to full faith and credit (see, Metromedia Co. v Fugazy, 983 F2d 350, cert denied — US —, 113 SCt 2445; Keeton v Hustler Mag., 815 F2d 857).

We have examined the defendants’ remaining claim and find it to be without merit. Balletta, J. P., Rosenblatt, Ritter and Altman, JJ., concur.

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In an action to recover on a judgment of the United States District Court, Northern District of Ohio, dated January 25, 1993, which was filed with the clerk of the Supreme Court, Nassau County, pursuant to CPLR article 54, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), entered July 7, 1993, which denied their motion to vacate the filing of the foreign judgment, or, in the alternative, to stay enforcement of that judgment.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ claim, the plaintiff properly filed, pursuant to CPLR 5402, a judgment of the United States District Court, Northern District of Ohio, dated January 25, 1993, finding the defendants liable for a specific amount of compensatory damages. The judgment, although not appeal-able pursuant to Federal Rules of Civil Procedure, rule 54 (b), was nevertheless "final” and entitled to full faith and credit (see, Metromedia Co. v Fugazy, 983 F2d 350, cert denied — US —, 113 SCt 2445; Keeton v Hustler Mag., 815 F2d 857).

We have examined the defendants’ remaining claim and find it to be without merit. Balletta, J. P., Rosenblatt, Ritter and Altman, JJ., concur.

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Bluebook (online)

214 A.D.2d 553, 625 N.Y.S.2d 921, 1995 N.Y. App. Div. LEXIS 3536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preferred-rx-inc-v-american-preferred-prescription-inc-nyappdiv-1995.

Opinion

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