Legislation

Search OpenLegislation Statutes
This entry was published on 2021-06-18
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
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.