§ 5304 — Grounds for non-recognition

New York § 5304

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 53: Recognition of Foreign Country Money Judgments

Text

§ 5304. Grounds for non-recognition. (a) A court of this state may not\nrecognize a foreign country judgment if:\n 1. the judgment was rendered under a judicial system that does not\nprovide impartial tribunals or procedures compatible with the\nrequirements of due process of law;\n 2. the foreign court did not have personal jurisdiction over the\ndefendant; or\n 3. the foreign court did not have jurisdiction over the subject\nmatter.\n (b) A court of this state need not recognize a foreign country\njudgment if:\n 1. the defendant in the proceeding in the foreign court did not\nreceive notice of the proceeding in sufficient time to enable the\ndefendant to defend;\n 2. the judgment was obtained by fraud that deprived the losing party\nof an adequate opportunity to present its case;\n 3. the judgment or the cause of action on which the judgment is based\nis repugnant to the public policy of this state or of the United States;\n 4. the judgment conflicts with another final and conclusive judgment;\n 5. the proceeding in the foreign court was contrary to an agreement\nbetween the parties under which the dispute in question was to be\ndetermined otherwise than by a proceeding in that court;\n 6. in the case of jurisdiction based only on personal service, the\nforeign court was a seriously inconvenient forum for the trial of the\naction;\n 7. the judgment was rendered in circumstances that raise substantial\ndoubt about the integrity of the rendering courts with respect to the\njudgment;\n 8. the specific proceeding in the foreign court leading to the\njudgment was not compatible with the requirements of due process of law;\nor\n 9. 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 (c) A party resisting recognition of a foreign country judgment has\nthe burden of establishing that a ground for non-recognition stated in\nsubdivision (a) or (b) of this section exists; provided that the party\nseeking recognition shall bear the burden of establishing the adequate\nprotections for freedom of speech and press required as a condition to\nrecognition under paragraph nine of subdivision (b) of this section if\nthe party resisting recognition establishes that the judgment is for\ndefamation.\n