Our office can
help individuals and out-of-state attorneys
to "domesticate" a judgment in
New York State from any other state, and
enforce it against
assets located in New York. You
can download and print a sample
letter of engagement to domesticate your out of state
judgment into NY. Under
New York law, a judgment obtained on the merits
(not default where the debtor failed to
appear) can be registered in New York State. However,
judgments obtained by default are a bit more involved and
require the party
seeking enforcement to make a motion of"summary
judgment".
Below you will find some interesting and informative cases regarding various
domestication
issues.
Becker v Becker
Supreme Court of Nassau County denied plaintiff-wife’s motion to convert
foreign judgment of divorce, granted by Dominican Republic, to a New York state
judgment because it was not entitled to full faith and credit and it did not
meet the definition of a foreign country money judgment. Although a plaintiff
could ask the court to recognize a judgment of a foreign country, the court cannot
convert a foreign country judgment into a New York judgment except by either
a plenary action or by motion pursuant to CPLR § 3213 (motion for summary
judgment in lieu of complaint). The present action also did not fall within the
scope of the definition of a Foreign Country Money Judgment, as defined by CPLR § 5301(b),
which includes only those foreign judgment which either grant or deny recovery
of a sum of money.
Cadle v Ayala
Second Department Appellate Division denied plaintiff’s motion for summary
judgment in lieu of complaint pursuant to CPLR 5213, brought to enforce a foreign
judgment entered upon default. Although CPLR §3213 does not require plaintiff
to affirmatively plead and prove facts to establish long-arm jurisdiction over
the out-of-state defendant, which must be raised by the defendant in opposition
to the motion, the plaintiff still bears the burden of establishing that the
defendant was properly served with the motion. Upon denial, plaintiff’s
moving papers shall be deemed the complaint and the plaintiff may still move
for leave to enter a default judgment upon proper proof.
Fiore v Oakwood
Plaza Shopping Center
The Court of Appeals affirmed an order of the Supreme Court, granting a motion
by plaintiffs for summary judgment in lieu of complaint pursuant to CPLR § 3213,
to domesticate two Pennsylvania judgments. The Court held that a Pennsylvania
cognovit judgment, (similar to confession of judgment) a judgment based on a
contractual provision whereby an obligor consents in advance to the creditor’s
obtaining a judgment without notice or hearing, was entitled to full faith and
credit in New York courts. To determine whether a cognovit judgment is entitled
to full faith and credit, it must be determined that the judgment debtor made
a voluntary, knowing and intelligent waiver of the right to notice and an opportunity
to be heard Glass
Contractors v Target Supply and Display
Second Department Appellate Division reversed an order of the Civil Court of
New York City, which denied plaintiff’s motion for summary judgment in
lieu of complaint based on a default judgment in Nebraska. The court emphasized
that foreign judgments obtained by default may only be domesticated through a
plenary action which may be initiated by a motion for summary judgment in lieu
of complaint pursuant to CPLR § 3213. In reviewing such foreign judgments,
the court’s inquiry is limited to ascertaining whether the Nebraska courts
had personal jurisdiction over defendants. The court determined that defendant
had sufficient contacts within Nebraska to subject it in personam jurisdiction
under Nebraska long-arm statute.
New Jersey has a somewhat
similar domestication statute and the particulars
and requirements are
located here.
Please contact us to discuss your particular
needs for domestication of "foreign" judgments
in NY or NJ.
You can download this sample
letter of engagement to domesticate your out of state judgment
into NY.
This engagement letter also serves as a guide to the disbursements,
fees we charge and documents that we will need to domesticate
your judgment.
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