Attorneys obtained a summary judgment dismissal on behalf of our clients, two of Philadelphia’s neighborhood civic associations
Attorneys obtained a summary judgment dismissal on behalf of our clients, two of Philadelphia’s neighborhood civic associations. Plaintiff had previously been a defendant in a case brought by the Liquidation Bureau in New York state court, which resulted in a jury verdict against hern. The Liquidation Bureau then transferred the judgment to the current state, where Plaintiff resides, and initiated execution proceedings against her, specifically seeking to have the Sheriff ofthe County sell Plaintiff's home and other assets. Plaintiff contended that the judgment was invalid because it did not result from a 5/6ths jury verdict as required under New York Law, because only 6 of 8 jurors found against her. She had previously appealed this issue in the New York courts; however, the New York appellate court determined that she, through her attorneys, waived her right to a 5/6ths jury verdict. Nonetheless, once the execution proceedings were initiated, she filed Complaints in state court against our clients alleging that as related to the execution proceedings, they were liable to her for violation of her right to due process, violation of her right to equal protection, abuse of process, and intentional infliction of emotional distress. She further sought an order striking the judgment entered against her by the Liquidation Bureau and prohibiting enforcement of the judgment. Defendants removed both actions to the District Court , and promptly filed Motions to Dismiss all claims asserted against them. The Court dismissed all claims, primarily concluding that the full faith and credit clause of the United States Constitution required this state to recognize the New York Judgment; thus, the execution proceedings were proper. The Circuit agreed with the trial court's opinion in all respect, affirming the removals and the dismissals of each case.