Plaintiff was entitled to summary judgment, pursuant to CPLR 3213 and article 53, based upon the domestication and enforcement of a foreign judgment. Plaintiff obtained the Casablanca judgment, which was affirmed by the highest court in Morocco, the Court of Cassation. The Casablanca judgment is final, conclusive, and enforceable, even if an appeal is pending and not all procedural requirements for execution abroad have been satisfied, pursuant to CPLR 5302[a][2]. Nothing about the posture of litigation in Morocco renders the judgment unenforceable.
Kotbi v. Najjar, NY Slip Op 03087 (1st Dep't June 6, 2024)
