New York Civil Practice
Law & Rules

NYCPLR Article 53

RECOGNITION OF FOREIGN COUNTRY MONEY JUDGMENTS

 5301. Definitions.
                (a) Foreign state.
                (b) Foreign country judgment.
        5302. Applicability.
        5303. Recognition and enforcement.
        5304. Grounds for non-recognition.
                (a) No recognition.
                (b) Other grounds for non-recognition.
        5305. Personal jurisdiction.
                (a) Bases of jurisdiction.
                (b) Other bases of jurisdiction.
        5306. Stay in case of appeal.
        5307. Recognition in other situations.
        5308. Uniformity of interpretation.
        5309. Citation.

  S 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.

  S 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.

  S 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.

  S 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; or
  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.

  S 5305. Personal jurisdiction. (a) Bases of jurisdiction. The foreign
country judgment shall not be refused recognition for lack of personal
jurisdiction if:
  1. the defendant was served personally in the foreign state;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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.

  S 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.

  S 5307. Recognition in other situations. This article does not prevent
the recognition of a foreign country judgment in situations not covered
by this article.

  S 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.

  S 5309. Citation. This article may be cited as the "Uniform Foreign
Country Money-Judgments Recognition Act."

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ENFORCEMENT OF JUDGMENTS ENTITLED TO FULL FAITH AND CREDIT

Section 5401. Definition.
        5402. Filing and status of foreign judgments.
                (a) Filing.
                (b) Status of foreign judgments.
        5403. Notice of filing.
        5404. Stay.
                (a) Based upon security in foreign jurisdiction.
                (b) Based upon other grounds.
        5405. Fees.
        5406. Optional procedure.
        5407. Uniformity of interpretation.
        5408. Citation.

  S 5401. Definition. In this article "foreign judgment" means any
judgment, decree, or order of a court of the United States or of any
other court which is entitled to full faith and credit in this state,
except one obtained by default in appearance, or by confession of
judgment.

  S 5402. Filing and status of foreign judgments. (a) Filing. A copy of
any foreign judgment authenticated in accordance with an act of congress
or the statutes of this state may be filed within ninety days of the
date of authentication in the office of any county clerk of the state.
The judgment creditor shall file with the judgment an affidavit stating
that the judgment was not obtained by default in appearance or by
confession of judgment, that it is unsatisfied in whole or in part, the
amount remaining unpaid, and that its enforcement has not been stayed,
and setting forth the name and last known address of the judgment
debtor.
  (b) Status of foreign judgments. The clerk shall treat the foreign
judgment in the same manner as a judgment of the supreme court of this
state. A judgment so filed has the same effect and is subject to the
same procedures, defenses and proceedings for reopening, vacating, or
staying as a judgment of the supreme court of this state and may be
enforced or satisfied in like manner.

  S 5403. Notice of filing. Within thirty days after filing of the
judgment and the affidavit, the judgment creditor shall mail notice of
filing of the foreign judgment to the judgment debtor at his last known
address. The proceeds of an execution shall not be distributed to the
judgment creditor earlier than thirty days after filing of proof of
service.

  S 5404. Stay. (a) Based upon security in foreign jurisdiction.  If the
judgment debtor shows the supreme court that an appeal from the foreign
judgment is pending or will be taken, or that a stay of execution has
been granted, the court shall stay enforcement of the foreign judgment
until the appeal is concluded, the time for appeal expires, or the stay
of execution expires or is vacated, upon proof that the judgment debtor
has furnished the security for the satisfaction of the judgment required
by the state in which it was rendered.
  (b) Based upon other grounds. If the judgment debtor shows the supreme
court any ground upon which enforcement of a judgment of the supreme
court of this state would be stayed, the court shall stay enforcement of
the foreign judgment for an appropriate period, upon requiring the same
security for satisfaction of the judgment which is required in this
state.

  S 5405. Fees. When a foreign judgment is filed pursuant to this
article, an index number shall be assigned in accordance with the
provisions of subdivision (a) of section 8018 and the fee shall be as
prescribed therein.

  S 5406. Optional procedure. The right of a judgment creditor to
proceed by an action on the judgment or a motion for summary judgment in
lieu of complaint, instead of proceeding under this article, remains
unimpaired.

  S 5407. 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.

  S 5408. Citation. This article may be cited as the "Uniform
Enforcement of Foreign Judgments Act."