(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.
§ 5305.Personal jurisdiction.
Article 53. Recognition of Foreign Country Money Judgments · Last amended 2021 · Last verified July 21, 2026
In one sentenceCPLR 5305 lists safe-harbor bases — personal service abroad, voluntary appearance, prior consent, domicile or incorporation there, a local business office tied to the claim, or operating a vehicle or airplane there — that guarantee a foreign judgment can't be denied recognition for lack of personal jurisdiction.
Full Text of CPLR 5305
(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.
Plain-English Summary
CPLR 5304 lets a court refuse recognition if the foreign court lacked personal jurisdiction. This section fills in what counts as enough jurisdiction to foreclose that argument. Six bases, listed in subdivision (a), guarantee a foreign judgment can't be denied recognition on personal-jurisdiction grounds: personal service on the defendant in the foreign country; a voluntary appearance in the proceeding, other than one limited to protecting seized property or contesting jurisdiction itself; a pre-existing agreement to submit to the foreign court's jurisdiction over the subject matter; domicile in the foreign country, or corporate status, organization, or principal place of business there; a business office there where the claim arose out of business done through that office; or operating a motor vehicle or airplane there in a way the claim arose out of.
Subdivision (b) makes clear that list isn't the only route to jurisdiction. New York courts can recognize other bases of personal jurisdiction as sufficient too — the six safe harbors guarantee recognition can't be refused, but they don't exhaust the grounds on which it can be granted.
Frequently Asked Questions
What counts as sufficient personal jurisdiction for a foreign judgment to be recognized in New York?
Six safe-harbor bases under CPLR 5305(a): personal service abroad, voluntary appearance, prior consent, domicile or corporate status there, a local business office tied to the claim, or operating a vehicle or airplane there tied to the claim.
Can a defendant who appeared only to contest jurisdiction still challenge personal jurisdiction later?
Yes. An appearance limited to contesting jurisdiction, or to protecting property seized or threatened with seizure, doesn't count as a voluntary appearance under this section.
Is the list in CPLR 5305 the only way a foreign court can have proper jurisdiction?
No. Subdivision (b) lets New York courts recognize other bases of personal jurisdiction as sufficient too.
Does operating a business office in the foreign country always establish jurisdiction there?
Only if the claim in the foreign proceeding arose out of business the defendant did through that office.
Does being domiciled in the foreign country when the case was filed guarantee jurisdiction?
Yes, along with being a corporation or business organization with its principal place of business, organization, or corporate status there.
Amendment History
Add, L 1970, ch 981, § 1, eff Sept 1, 1970; L 2021, ch 127, § 6, effective June 11, 2021.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: personal jurisdiction foreign judgment recognitionvoluntary appearance foreign court jurisdictionforeign judgment domicile jurisdiction New Yorksafe harbors personal jurisdiction CPLR