N.Y. Civil Practice Law and Rules 5302 – Applicability
§ 5302. Applicability. (a) Except as otherwise provided in subdivision (b) of this section, the provisions of this article apply to a foreign country judgment to the extent that such judgment:
Terms Used In N.Y. Civil Practice Law and Rules 5302
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
1. grants or denies recovery of a sum of money; and
2. under the law of the foreign country where rendered, is final, conclusive and enforceable even though an appeal therefrom is pending or it is subject to appeal.
(b) This article does not apply to a foreign country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent the judgment is:
1. a judgment for taxes;
2. a fine or penalty; or
3. a judgment for divorce, support or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign country judgment has the burden of establishing that this article applies to the foreign country judgment.