N.Y. Civil Practice Law and Rules 5305 – Personal jurisdiction
§ 5305. Personal jurisdiction. (a) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if:
Terms Used In N.Y. Civil Practice Law and Rules 5305
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Foreign country: means a government other than:
1. See N.Y. Civil Practice Law and Rules 5301 - Foreign country judgment: means a judgment of a court of a foreign country. See N.Y. Civil Practice Law and Rules 5301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. the defendant was served with process personally in the foreign country;
2. the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
3. the defendant prior to the commencement of the proceeding had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
4. the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, or had otherwise acquired corporate status, in the foreign country;
5. the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
6. the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of such operation.
(b) The courts of this state may recognize bases of personal jurisdiction other than those listed in subdivision (a) of this section as sufficient to support a foreign country judgment.