In 2002, David Madjar secured a $56,359 default judgment from a Connecticut court against Bibiano and Elizabeth Rosa. Some seven years later, in February 2009, Madjar asked the Westchester County Supreme Court for an order enforcing that judgment.
When Madjar's request was granted, the Rosas appealed to the Appellate Division, Second Department.
While a judgment secured in another state typically will be honored by New York courts, an extra step is required when the underlying outcome is obtained on default. (A request for summary judgment in lieu of a complaint or a new lawsuit seeking enforcement is required.)
While the AD2 found that Madjar had established his entitlement to have the Connecticut judgment enforced, it felt there were unresolved issues as to the precise amount owed, and whether there had been a post-judgment payment agreement between the parties.
Full faith, but no credit...just yet.
To view a copy of the Appellate Division's decision, please use this link: Madjar v. Rosa