(a) Based upon Security in Foreign Jurisdiction. If the judgment debtor shows the supreme court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
§ 5404.Stay.
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 5404 requires the supreme court to stay enforcement of a filed foreign judgment when the debtor shows a pending or forthcoming appeal, or a stay already granted in the rendering state, matched by equivalent security, or shows any ground on which a New York judgment's enforcement would itself be stayed.
Full Text of CPLR 5404
(b) Based upon Other Grounds. If the judgment debtor shows the supreme court any ground upon which enforcement of a judgment of the supreme court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
Plain-English Summary
Domesticating a foreign judgment under CPLR 5402 gives it the force of a New York supreme court judgment, but it doesn't strip the debtor of the same protections against premature enforcement that a New York judgment debtor would have. CPLR 5404 covers two distinct paths to a stay. Subdivision (a) applies when an appeal from the foreign judgment is pending or will be taken, or when the rendering state has already granted a stay of execution there; the court has to stay enforcement here, but only once the debtor proves they've furnished the security for satisfying the judgment that the other state requires.
Subdivision (b) works differently, tying New York's stay practice for its own judgments to how the foreign judgment gets treated. If the debtor can show a ground that would stay enforcement of a supreme court judgment, the court stays the foreign judgment for an appropriate period too, but only on requiring the debtor to furnish the same security that New York law would demand in that situation. Either way, the stay isn't automatic; it depends on the debtor coming forward with proof, and it comes bundled with a security requirement designed to protect the creditor while the stay is in effect.
Frequently Asked Questions
Can I stop enforcement of an out-of-state judgment domesticated in New York?
Yes, in two situations under CPLR 5404. If an appeal is pending or coming in the rendering state, or that state has already stayed execution, the court will stay enforcement here once you prove you've posted the security that state requires. Separately, if you can show a ground that would stay a New York judgment, the court will stay the foreign judgment too, on requiring equivalent New York security.
What if I already have a stay of the judgment in the state where it was entered?
Under subdivision (a), the New York court has to stay enforcement of the filed foreign judgment once you show that the other state granted a stay of execution and that you've furnished the security for satisfying the judgment that state requires.
Do I need to post security to get a stay under CPLR 5404?
Yes. Both paths to a stay under this section require security, either the security the rendering state requires for an appeal or existing stay, under subdivision (a), or the security New York would require for the equivalent ground, under subdivision (b).
Does the court have discretion to deny a stay once the debtor makes the required showing under CPLR 5404(a)?
No. Subdivision (a) states the court shall stay enforcement once the debtor proves an appeal is pending or coming, or that the rendering state already granted a stay, and has furnished the security that state requires; the stay follows once that showing is made.
How long does a stay under CPLR 5404(a) last?
Until the appeal is concluded, the time to appeal expires, or the stay of execution granted in the rendering state expires or is vacated, whichever applies to the ground the debtor relied on.
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
Also known as: stay enforcement of a foreign judgment in New Yorkappeal pending out of state judgment staysecurity requirement to stay a domesticated judgment