Practice point: A money judgment issued by the court of a foreign
country is recognized and enforceable in New York State if it is "final,
conclusive and enforceable where rendered," pursuant to CPLR 5301. However, the judgment is
not conclusive, and thus may not be recognized, if (1) it was "rendered
under a system which does not provide impartial tribunals or procedures
compatible with the requirements of due process of law" or (2) "the
foreign court did not have personal jurisdiction over the defendant," pursuant to CPLR 5304[a][1], [2].
Student note: A plaintiff seeking enforcement of the judgment bears the burden of making a prima facie showing that
the mandatory grounds for nonrecognition do not exist.
Case: Daguerre, S.A.R.L. v Rabizadeh, NY Slip Op 08587 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A motion for leave to enter a default judgment.
