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Statutes

"Foreign judgment"" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except one obtained by default in appearance, or by confession of judgment. CPLR §5401

The clerk of the court must treat the foreign judgment in the same manner as a judgment of the supreme court of this state. A judgment filed correctly has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the supreme court of this state and may be enforced or satisfied in like manner. CPLR §5402"

Cases

Comments

If a foreign judgment was obtained by default or confession of judgment, an action must be commenced in New York to "sue on the judgment". In that situation, it is generally recommended that claims arising under the breached agreement also be asserted to protect against the possibility of the judgment debtor appearing in the New York action and successfully asserting jurisdictional defenses to the foreign judgment.

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The statutory information was edited and reviewed with the support of MultiState

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