FindLaw

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.


« Prev
Recognition and enforcement
Up
RECOGNITION OF FOREIGN COUNTRY MONEY JUDGMENTS SUMMARY OF ARTICLE
Next »
Personal jurisdiction

FindLaw Career Center


      Post a Job  |  View More Jobs

    View More