§ 5304. Grounds for non-recognition. (a) No recognition. A foreign\ncountry judgment is not conclusive if:\n 1. the judgment was rendered under a system which does not provide\nimpartial tribunals or procedures compatible with the requirements of\ndue process of law;\n 2. the foreign court did not have personal jurisdiction over the\ndefendant.\n (b) Other grounds for non-recognition. A foreign country judgment need\nnot be recognized if:\n 1. the foreign court did not have jurisdiction over the subject\nmatter;\n 2. the defendant in the proceedings in the foreign court did not\nreceive notice of the proceedings in sufficient time to enable him to\ndefend;\n 3. the judgment was obtained by fraud;\n 4. the cause of action on which the judgment is based is repugnant to\nthe public policy of this state;\n 5. the judgment conflicts with another final and conclusive judgment;\n 6. the proceeding in the foreign court was contrary to an agreement\nbetween the parties under which the dispute in question was to be\nsettled otherwise than by proceedings in that court;\n 7. in the case of jurisdiction based only on personal service, the\nforeign court was a seriously inconvenient forum for the trial of the\naction; or\n 8. the cause of action resulted in a defamation judgment obtained in a\njurisdiction outside the United States, unless the court before which\nthe matter is brought sitting in this state first determines that the\ndefamation law applied in the foreign court's adjudication provided at\nleast as much protection for freedom of speech and press in that case as\nwould be provided by both the United States and New York constitutions.\n
N.Y. C.P.L.R. 5304
Grounds for non-recognition
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2022). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.