McCarthy Fingar LLP, Robert H. Rosh, Esq., Attorneys for
& Khoury, LLP, Abed Awad, Esq. Attorneys for Defendant.
WILLIAM J. GIACOMO, J.S.C.
action commenced by a motion for summary judgment in lieu of
complaint seeking recognition and enforcement of a foreign
country money judgment, pursuant to article 53 of the CPLR,
awarding plaintiff the aggregate amount of $116, 681.99 (1)
the defendant moves to dismiss the complaint, pursuant to
CPLR 3211 (a) (7); and (2) the plaintiff moves for leave to
renew and reargue his prior motion for summary judgment in
lieu of complaint, pursuant to CPLR 2221:
of Motion/Affirmation of Abed Awad, Esq./Exhibits A-H/Letter
of Cross Motion/Affirmation of Robert H. Rosh, Esq./Exhibits
of Hassan Elhais and Awatif Khouri;
of Sandy Mohamad Badawi/Exhibit A;
of Abed Awad/Reply Memorandum of Law.
and Procedural Background
parties were married in May 1998 in a New York civil
ceremony, and, thereafter, were married in New York in a
religious ceremony under Islamic law (see Badawi v.
Alesawy, 135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792 [2d Dept 2016]). In March 2002,
the parties purchased a house in Westchester County for
approximately $395, 000. On June 1, 2006, the parties
purchased a villa in Egypt in the amount of EGP1, 246, 227.
fall of 2006, the plaintiff husband received a job offer in
Abu Dhabi, one of seven Emirates in the United Arab Emirates
(UAE). Thereafter, the parties and their two children moved
to Abu Dhabi (see S.B. v. W.A., 38 Misc.3d 780, 785
[NY Sup. Ct. 2012]).
living in Abu Dhabi, the defendant wife sought and obtained a
judgment of divorce against the plaintiff husband in the Abu
Dhabi courts. The judgment of divorce awarded the defendant
custody of the parties' two children and financial
relief, including an award of $250, 000 pursuant to the
parties' mahr agreement. 
defendant wife commenced a previous action in New York for a
judgment declaring that the foreign judgment of divorce was
valid and enforceable in New York and thereafter moved to
enforce the judgment of divorce and mahr agreement. In an
order entered September 27, 2012, the Supreme Court,
Westchester County (Connolly, J.), granted the defendant
wife's motion to enforce the foreign judgment of divorce
awarding her $250, 000 pursuant to the mahr agreement
(see S.B. v. W.A., 38 Misc.3d 780).
plaintiff husband appealed and the order was affirmed
(see Badawi v. Alesawy, 135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792');">135 A.D.3d 792 [2d Dept
Awarding Plaintiff Carrying Costs on the New York and Egypt
the defendant and the parties' children were living in
Abu Dhabi, plaintiff husband commenced a separate action
against the defendant wife in the Court of First Instance in
Abu Dhabi, Commercial Circuit.
decision of the Hon. Francesca E. Connolly sets forth a
complete recitation of the court system in Abu Dhabi. The Abu
Dhabi court system is composed of three layers of
adjudication: Court of First Instance; the Court of Appeal;
and the Court of Cassation. The Court of First Instance has
jurisdiction over civil, criminal, and personal status cases
(see S.B. v. W.A., 38 Misc.3d at 787). Personal
status cases include marriage, divorce, child custody, and
other family disputes (Id.). For personal status
matters, state courts have jurisdiction where citizens or
aliens have a domicile, residence, or place of business in
the UAE (Id.). The provisions of the Personal Status
Law apply to UAE residents who are not citizens unless one of
the parties requests that the law of their home state be
alleged, in that action, that the defendant was required to
share equally in the mortgage payments for the property in
the United States as well as the villa in Egypt and that she
failed to contribute to the carrying costs. The defendant
asserted counterclaims alleging that she paid the expenses of
their children and other expenses of the household that
should be ...