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Current Developments in the Commercial Divisions of the
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Posted: September 3, 2015

Foreign Judgments Enforced Absent Fraud or Violation of New York Public Policy

On August 26, 2015, the Second Department issued a decision in Basile v. CAI Master Allocation Fund, Ltd., 2015 NY Slip Op. 06650, enforcing a foreign judgment, explaining:

Generally, the courts of this State will accord recognition to the judgments rendered in a foreign country under the doctrine of comity, which is the equivalent of full faith and credit given by courts to judgments of our sister States. Absent some showing of fraud in the procurement of the foreign country judgment or that recognition of the judgment would do violence to a strong public policy of New York State, a party who properly appeared in the action is precluded from attacking the validity of the foreign country judgment in a collateral proceeding commenced in a New York court.

(Internal quotations and citations omitted) (emphasis added).

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