CPLR 5305 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5304 Grounds for non-recognition up ARTICLE 53 Recognition of Foreign Country Money Judgments next SECTION 5306 Stay of a proceeding pending appeal of a foreign country judgment Viewing most recent revision (from 2021-06-18) View historical revision as of: -- Choose a Date -- 2021-06-18 2014-09-22 Share Facebook Email SECTION 5305 Personal jurisdiction Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 53 § 5305. Personal jurisdiction. (a) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if: 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.