N.Y. CVP. LAW § 5304 : NY Code - Section 5304: Grounds for non-recognition
Search N.Y. CVP. LAW § 5304 : NY Code - Section 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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RECOGNITION OF FOREIGN COUNTRY MONEY JUDGMENTS SUMMARY OF ARTICLE