Cerrato v. Peter T. Roach & Associates PC
Judge Fred Hirsh
Cerrato moved for summary judgment, while professional services firm Peter T. Roach & Associates cross-moved for dismissal. Cerrato moved to domesticate a default judgment entered against Roach in Connecticut. Roach argued the judgment could not be domesticated as it was not subject to the personal jurisdiction of the Connecticut court. Roach filed suit in New York against Cerrato in 2008 seeking to recover a balance allegedly due on a credit card issued by Citibank. Cerrato commenced the Connecticut action for a declaration that Roach's actions constituted a violation of Connecticut Banking Law prohibiting creditors from using harassing, or misleading practices to collect a debt. Cerrato claimed the Connecticut judgment was entitled to full faith and credit. However, the court stated New York courts would not domesticate a default judgment entered in a sister state where that state did not have personal jurisdiction over the defendant. It ruled merely making phone calls by Roach into Connecticut was insufficient to subject a non-resident to Connecticut's long-arm jurisdiction. As Cerrato offered no evidence Roach engaged in any purposeful activity in Connecticut other than making calls to a resident, her motion for summary judgment was denied.