2020 New York Laws
CVP - Civil Practice Law and Rules
Article 53 - Recognition of Foreign Country Money Judgments Summary of Article
5304 - Grounds for Non-Recognition.

Universal Citation: NY CPLR § 5304 (2020)
§  5304.  Grounds  for  non-recognition. (a) No recognition. A foreign
country judgment is not conclusive if:
  1. the judgment was rendered under a system  which  does  not  provide
impartial  tribunals  or  procedures compatible with the requirements of
due process of law;
  2. 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: 1. the foreign court did not have jurisdiction over the subject matter; 2. the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend; 3. the judgment was obtained by fraud; 4. the cause of action on which the judgment is based is repugnant to the public policy of this state; 5. the judgment conflicts with another final and conclusive judgment; 6. 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; 7. 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 8. 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.

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