Wednesday, August 29, 2018

Litigation: Enforcement of foreign judgments in New York

New York's general policy is to facilitate recognition and enforcement of foreign judgments, provided that certain basic criteria are met (54 NY Jur 2d Enforcement and Execution of Judgments, Section 351 (2011)). This policy applies to recognition and enforcement proceedings before New York state courts, as well as before US federal courts located in New York (see Fed R Civ P Rule 69(1)(a)):
"A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution… must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies."

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