State of New York v. International Asset Recovery Corp – Case Brief Summary (New York)

In State of New York v. International Asset Recovery Corp., 56 AD3d 849, 866 N.Y.S.2d 823 ( 3d Dept 2008), the original judgment was entered in Oregon on January 28, 1992 and expired, pursuant to Oregon law, on January 28, 2002.

Nonetheless, the Clerk permitted the judgment to be filed in New York on February 27, 2002.

In an action by the judgment debtor to recover sums inadvertently paid on the expired judgment, the Court granted the judgment debtor summary judgment and ordered the return of all sums paid after the expiration of the judgment, noting that "New York is required to give a foreign judgment only the same validity and effect as the judgment would be given in its state of rendition." 56 AD3d at 851.

The Court acknowledged that the Oregon judgment was improperly permitted to be registered in New York after it had expired and become unenforceable in Oregon.