Opinion
2013-05-7
Garvey Schubert Barer, New York (Andrew J. Goodman of counsel), for appellants. Sloman Blum Heymann LLP, New York (Andrew W. Heymann of counsel), and Holland & Knight LLP, New York (Faith L. Carter of counsel), for respondent.
Garvey Schubert Barer, New York (Andrew J. Goodman of counsel), for appellants. Sloman Blum Heymann LLP, New York (Andrew W. Heymann of counsel), and Holland & Knight LLP, New York (Faith L. Carter of counsel), for respondent.
FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, MANZANET–DANIELS, CLARK, JJ.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 10, 2012, which granted defendant's motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, with costs.
The court properly rejected enforcement of the Hong Kong judgment, as the record is devoid of any evidence that defendant here, who was not a party to the Hong Kong action, was ever properly served, or even notified of that action ( see Sung Hwan Co., Ltd. v. Rite Aid Corp., 46 A.D.3d 288, 847 N.Y.S.2d 78 [1st Dept. 2007];see also CIBC Mellon Trust Co. v. Mora Hotel Corp., 296 A.D.2d 81, 93–95, 743 N.Y.S.2d 408 [1st Dept. 2002] ).
Plaintiffs' fraudulent conveyance and conversion claims, both of which rely upon the foreign default judgment, also fail and, in any event, are barred by their applicable statutes of limitations ( see Miller v. Polow, 14 A.D.3d 368, 787 N.Y.S.2d 319 [1st Dept. 2005];see also Komolov v. Segal, 96 A.D.3d 513, 513–514, 947 N.Y.S.2d 14 [1st Dept. 2012] ).
We have considered plaintiffs' remaining arguments and find them unavailing.