Judgment, Supreme Court, New York County (Debra A. James, J.), entered April 12, 2005, dismissing the complaint in the first-captioned action against defendants Euro-American Lodging, Elias and Gama Lodging, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 3, 2005, unanimously dismissed, without costs. Judgments, Supreme Court, New York County (Debra A. James, J.), entered April 19 and October 19, 2005, respectively awarding plaintiff in the second-captioned action the principal sum of $95,837,522, and confirming a Special Referee’s report awarding interest in the total sum of $112,159,088.41, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 22, 2005, which granted plaintiffs motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeals from the judgments.
The court properly recognized the judgment of the French intermediate appellate court in reasoning that a “ministerial” action pursuant to CPLR 5303 (see CIBC Mellon Trust Co. v Mora Hotel Corp., 100 NY2d 215, 222 [2003], cert denied 540 US 948 [2003]) does not seek independent relief and does not constitute the type of “vexatious” or “duplicative” litigation that RPAPL 1301 intends to proscribe during the pendency of a foreclosure proceeding (see Central Trust Co. v Dann, 85 NY2d 767, 771-772 [1995]); indeed, most of the litigation involving the underlying debt in this instance had already taken place. The report of the Special Referee regarding the interest penalty surcharge was properly confirmed as substantially supported by the record (see Salomon v Angsten, 19 AD3d 143 [2005]), consisting of testimony that it was unlikely the French court would grant relief from the surcharge where a corporate debtor in economic distress, such as defendant borrower herein, would probably
We have considered appellants’ other contentions and find them unavailing. Concur—Saxe, J.P., Nardelli, Williams, Catterson and Malone, JJ.
