FOREIGN COUNTRY MONEY JUDGMENTS
The Sections of Article 53 of the CPLR of New York.:
- NY CPLR § 5301. Definitions
- NY CPLR § 5302. Applicability
- NY CPLR § 5303. Recognition and enforcement
- NY CPLR § 5304. Grounds for non-recognition
- NY CPLR § 5305. Personal jurisdiction
- NY CPLR § 5306. Stay in case of appeal
- NY CPLR § 5307. Recognition in other situations
- NY CPLR § 5308. Uniformity of interpretation
- NY CPLR § 5309. Citation
NY CPLR § 5301. DEFINITIONS
As used in this article the following definitions shall be applicable.
(a) Foreign state. “Foreign state” in this article means any governmental unit other than the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone or the Trust Territory of the Pacific Islands.
(b) Foreign country judgment. “Foreign country judgment” in this article means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.
NY CPLR § 5302. APPLICABILITY
This article applies to any foreign country judgment which is final, conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal.
NY CPLR § 5303. RECOGNITION AND ENFORCEMENT
Except as provided in section 5304 , a foreign country judgment meeting the requirements of section 5302 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. Such a foreign judgment is enforceable by an action on the judgment, a motion for summary judgment in lieu of complaint, or in a pending action by counterclaim, cross-claim or affirmative defense.
NY CPLR § 5304. GROUNDS FOR NON-RECOGNITION
(a) No recognition. A foreign country judgment is not conclusive if:
- the judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
- the foreign court did not have personal jurisdiction over the defendant.
(b) Other grounds for non-recognition. A foreign country judgment need not be recognized if:
- the foreign court did not have jurisdiction over the subject matter;
- the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend;
- the judgment was obtained by fraud;
- the cause of action on which the judgment is based is repugnant to the public policy of this state;
- the judgment conflicts with another final and conclusive judgment;
- the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court;
- in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or
- the cause of action resulted in a defamation judgment obtained in a jurisdiction outside the United States, unless the court before which the matter is brought sitting in this state first determines that the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by both the United States and New York constitutions.
NY CPLR § 5305. PERSONAL JURISDICTION
(a) Bases of jurisdiction. The foreign country judgment shall not be refused recognition for lack of personal jurisdiction if:
- the defendant was served personally in the foreign state;
- the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him;
- the defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
- the defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign state;
- the defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; or
- the defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of such operation.
(b) Other bases of jurisdiction. The courts of this state may recognize other bases of jurisdiction.
NY CPLR § 5306. STAY IN CASE OF APPEAL
If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign country judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.
NY CPLR § 5307. RECOGNITION IN OTHER SITUATIONS
This article does not prevent the recognition of a foreign country judgment in situations not covered by this article.
NY CPLR § 5308. UNIFORMITY OF INTERPRETATION
This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions.
NY CPLR § 5309. UNIFORMITY OF INTERPRETATION
This article may be cited as the “Uniform Foreign Country Money-Judgments Recognition Act.”
Updated: December 22, 2019.