IMAX v. The Essel Group (2017)
In this multinational multi-million dollar commercial case plaintiff attempted to enforce a Canadian judgment against our clients through New York litigation. The trial court dismissed the action holding the courts of New York could not exercise personal jurisdiction over our clients. On appeal, the Appellate Division, First Department held that the courts could not exercise personal jurisdiction over our clients without violating the CPLR and our client’s constitutional rights to due process. As such, the court refused to enforce the petitioner’s multi-million dollar foreign judgment against our clients and affirmed the lower court’s dismissal of the case.