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§ 5401.Definition.

Article 54. Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article · Last amended 1970 · Last verified July 21, 2026

In one sentenceCPLR 5401 defines a foreign judgment, for purposes of Article 54's Uniform Enforcement of Foreign Judgments Act, as any judgment, decree, or order of a United States federal court or another court entitled to full faith and credit in New York, other than one obtained by default in appearance or by confession of judgment.

Full Text of CPLR 5401

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In this article “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.

Plain-English Summary

Article 54 exists because the U.S. Constitution's Full Faith and Credit Clause requires New York courts to honor money judgments entered by courts of other states and by federal courts, but honoring a judgment and enforcing it through New York's own collection machinery are different problems. CPLR 5401 sets the boundary for which judgments qualify for Article 54's streamlined filing procedure: any judgment, decree, or order of a United States court, state or federal, that's entitled to full faith and credit here.

Two categories fall outside that definition. A judgment obtained by default in appearance doesn't qualify, and neither does one obtained by confession of judgment. Both exclusions share a rationale: Article 54's procedure lets a creditor domesticate a sister-state judgment with comparatively little judicial oversight, and the legislature reserved that streamlined path for judgments that went through a genuine adversarial process in the rendering court, rather than ones entered without the debtor's active participation.

Because the definition is tied to full faith and credit, it doesn't extend to judgments from foreign countries; those aren't entitled to full faith and credit under the Constitution and have to be recognized, if at all, through New York's separate law on foreign country money judgments.

Frequently Asked Questions

What counts as a foreign judgment under CPLR 5401?

Any judgment, decree, or order of a United States court, whether a federal court or a court of another state, that is entitled to full faith and credit in New York, except one obtained by default in appearance or by confession of judgment.

Does Article 54 cover judgments from other countries?

No. The definition in CPLR 5401 is tied to full faith and credit, which applies to judgments of United States courts under the Constitution, not to judgments entered by courts of foreign countries.

Why are default and confessed judgments excluded from Article 54?

Article 54's filing procedure gives a creditor a fast, low-oversight way to enforce a sister-state judgment. The legislature limited that shortcut to judgments that went through active adversarial proceedings, excluding ones entered by default or by the debtor's own confession.

What does entitled to full faith and credit mean for a sister-state judgment?

It means the judgment must be recognized and given the same effect in New York that it has in the state where it was entered, a requirement that flows from the Full Faith and Credit Clause of the U.S. Constitution for judgments of sister states and federal courts.

Does CPLR 5401 cover judgments in the form of a decree or order, not just a document formally titled a judgment?

Yes. The definition explicitly includes any judgment, decree, or order of a qualifying court, so Article 54 isn't limited to documents formally styled as a judgment.

Amendment History

Add, L 1970, ch 982, § 1, eff Sept 1, 1970.

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
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