Lenchyshyn v. Pelko Elec

In Lenchyshyn v. Pelko Elec., 281 A.D.2d 42 [4th Dept 2001] containing a scholarly analysis, the plaintiff, as in the case at bar, sought to enforce a Canadian judgment in New York. The court there concluded that jurisdiction of the defendant in New York was not essential as long as the foreign court had all requisite jurisdiction and did not violate traditional American concepts of due process (281 A.D.2d at 46-47.) In Lenchyshyn, a contested case for recognition of the foreign judgment the Appellate Division, Fourth Department, stated: "Defendants have not challenged their amenability to the jurisdiction of the Ontario court or the fundamental fairness of Ontario's system of justice and court procedures, and thus we have no need to address the strict requirements for recognition set forth in CPLR 5304 (a) (1) or (2). Nor have defendants raised any issue with respect to Supreme Court's discretionary power to refuse recognition of the Ontario money judgment under any of the conditions listed in CPLR 5304 (b)." (Id. at 46-47.)