N.Y. Civil Practice Law and Rules 5303 – Recognition enforcement, and proceedings
§ 5303. Recognition enforcement, and proceedings. (a) Except as is otherwise provided in section fifty-three hundred four of this article or any controlling law of the United States, a court of this state shall recognize a foreign country judgment to which this article applies as conclusive between the parties to the extent that it grants or denies recovery of a sum of money.
Terms Used In N.Y. Civil Practice Law and Rules 5303
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- 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
(b) If recognition of a foreign country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action on the judgment or a motion for summary judgment in lieu of complaint seeking recognition of the foreign country judgment.
(c) If recognition of a foreign country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.
(d) An action to recognize a foreign country judgment must be commenced within the earlier of the time during which the foreign country judgment is effective in the foreign country or twenty years from the date that the foreign country judgment became effective in the foreign country.