City National Bank v. Lake Street 1 LLC

ORANGE COUNTY
Civil Practice

New York Law Journal

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Justice Paul Marx

City National Bank sought to enforce a Connecticut judgment entered against Lake Street 1 and Englander on default under the bank's motion for deficiency judgment. The bank previously filed a foreclosure action against defendants in Connecticut Superior Court, obtaining a judgment of "strict foreclosure" and title to the property. It also obtained a deficiency judgment entered by the Connecticut court, which it now sought to enforce in New York by this motion for summary judgment in lieu of complaint, which CPLR 3213 permitted as the only relief requested was the payment of money based on a judgment. Defendants alleged Englander was improperly served on a High Holy Day in violation of General Business Law §13. The court disagreed finding the day after Yom Kippur was not generally recognized as a religious holiday. Further, as Englander executed the guaranty in his personal capacity in Connecticut, same constituted a "purposeful Connecticut related activity" sufficing to locate the transaction within the state and formed the basis for personal jurisdiction over him. The court found Englander was properly served under Connecticut General Statutes §52-59b(c) by service on the Secretary of State of Connecticut, granting summary judgment in the bank's favor.

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