If a party establishes that an appeal from a foreign country judgment is pending or will be taken, the court may stay any proceeding with regard to the foreign country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
§ 5306.Stay of a proceeding pending appeal of a foreign country judgment.
Article 53. Recognition of Foreign Country Money Judgments · Last amended 2021 · Last verified July 21, 2026
In one sentenceCPLR 5306 lets a court stay a proceeding over a foreign country judgment once a party shows an appeal abroad is pending or coming, until that appeal concludes, the time to appeal runs out, or the appellant has had a fair chance to pursue it and hasn't.
Full Text of CPLR 5306
Plain-English Summary
Recognizing a foreign judgment while it's still being appealed abroad risks recognizing something that later gets reversed. This section gives the court a way to wait it out instead. If a party establishes that an appeal from the foreign country judgment is pending or will be taken, the court may stay any proceeding regarding that judgment.
The stay doesn't run indefinitely. It lasts until the appeal is concluded, the time for appeal expires, or the appellant has had enough time to pursue the appeal and hasn't. The decision to grant a stay rests with the court's discretion, not an automatic consequence of an appeal being filed.
Frequently Asked Questions
Can a New York court pause recognition of a foreign judgment while it's on appeal abroad?
Yes, if a party establishes that an appeal is pending or will be taken, the court may stay the proceeding.
How long can a stay under CPLR 5306 last?
Until the appeal concludes, the time to appeal expires, or the appellant fails to timely pursue an appeal despite having had sufficient time to do so.
Who has to ask for the stay?
A party has to establish that the appeal is pending or will be taken; the court then decides whether to grant a stay.
Is the stay automatic once an appeal is filed abroad?
No. Granting the stay is within the court's discretion, not an automatic result of an appeal being pending.
What happens if the appellant never pursues the appeal?
Once the appellant has had sufficient time to prosecute the appeal and hasn't, the basis for the stay ends.
Amendment History
Add, L 1970, ch 981, § 1, eff Sept 1, 1970; L 2021, ch 127, § 7, 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: stay foreign judgment appeal pendingforeign judgment recognition stay New Yorkpending appeal foreign country judgmentarticle 53 stay proceeding