Koehler v. The Bank of Bermuda Limited

Three Foreign Judgments in Garnishment Proceeding Are Entitled to Recognition

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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46993 Judge Haight IN A proceeding that began as one for garnishment, respondent, a Bermudian company, moved for partial summary judgment in respect of a petition filed in the court by petitioner, a Pennsylvania resident, against respondent as garnishee in an effort to collect on an unsatisfied judgment that petitioner obtained in the District of Maryland against A. David Dodwell, a Bermudian resident. Petitioner had moved for an order substituting respondent as defendant judgment debtor in place of Mr. Dodwell in respect of plaintiff’s Maryland judgment against Mr. Dodwell. Respondent based its motion for partial summary judgment on three foreign judgments it obtained against petitioner. The court held that the three foreign judgments are entitled to recognition, finding, among other things, that petitioner failed to show that the Bermuda deficiency judgment was fraudulently obtained by respondent or that its enforcement would offend New York public policy.

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