Steven M. Garber & Associates v. Zuber
87 A.D.3d 1295
N.Y. App. Div.
2011
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STEVEN M. GARBER & ASSOCIATES, Respondent, v KIM JOHN ZUBER, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, Fourth Department

929 NYS2d 913

Memorandum: By motion for summary judgment in lieu of complaint pursuant to CPLR 3213, plaintiff commenced this action to enforce a judgment entered in California upon the default of Kim John Zuber (defendant). Contrary to defendant‘s contention, Supreme Court properly granted the motion. “Absent a jurisdictional challenge, a final judgment entered upon the defendant‘s default in appearing in an action is . . . entitled to be given full faith and credit in the courts of this State” (; see , rearg denied , cert denied ). Here, the record establishes that the California court had jurisdiction over defendant and that defendant admits that process was properly served upon him in New York (cf. ). We agree with the court that plaintiff established that defendant had “certain minimum contacts with [California] so that the maintenance of the suit [there] would not offend traditional notions of fair play and substantial justice . . . and [that defendant] has purposefully [availed himself] of the privilege of conducting activities within the forum State, [i.e., California,] thus invoking the benefits and protections of its laws” ( [internal quotation marks omitted]; see , reh denied ; ). Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.