N.Y. CPLR § 5304

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5304 Grounds for non-recognition § 5304. Grounds for non-recognition. (a) A court of this state may notrecognize a foreign country judgment if:1. the judgment was rendered under a judicial system that does notprovide impartial tribunals or procedures compatible with therequirements of due process of law;2. the foreign court did not have personal jurisdiction over thedefendant; or3. the foreign court did not have jurisdiction over the subjectmatter.(b) A court of this state need not recognize a foreign countryjudgment if:1. the defendant in the proceeding in the foreign court did notreceive notice of the proceeding in sufficient time to enable thedefendant to defend;2. the judgment was obtained by fraud that deprived the losing partyof an adequate opportunity to present its case;3. the judgment or the cause of action on which the judgment is basedis repugnant to the public policy of this state or of the United States;4. the judgment conflicts with another final and conclusive judgment;5. the proceeding in the foreign court was contrary to an agreementbetween the parties under which the dispute in question was to bedetermined otherwise than by a proceeding in that court;6. in the case of jurisdiction based only on personal service, theforeign court was a seriously inconvenient forum for the trial of theaction;7. the judgment was rendered in circumstances that raise substantialdoubt about the integrity of the rendering courts with respect to thejudgment;8. the specific proceeding in the foreign court leading to thejudgment was not compatible with the requirements of due process of law;or9. the cause of action resulted in a defamation judgment obtained in ajurisdiction outside the United States, unless the court before whichthe matter is brought sitting in this process of law;or9. the cause of action resulted in a defamation judgment obtained in ajurisdiction outside the United States, unless the court before whichthe matter is brought sitting in this state first determines that thedefamation law applied in the foreign court's adjudication provided atleast as much protection for freedom of speech and press in that case aswould be provided by both the United States and New York constitutions.(c) A party resisting recognition of a foreign country judgment hasthe burden of establishing that a ground for non-recognition stated insubdivision (a) or (b) of this section exists; provided that the partyseeking recognition shall bear the burden of establishing the adequateprotections for freedom of speech and press required as a condition torecognition under paragraph nine of subdivision (b) of this section ifthe party resisting recognition establishes that the judgment is fordefamation.