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A09652 Summary:

COSPNSRJaffee, Zebrowski K, Fields, Alfano, Lavine, Maisel
MLTSPNSRKoon, Latimer, Lifton, McDonough, Paulin
Amd SS5304 & 302, CPLR
Relates to personal jurisdiction and enforceability of certain foreign judgments in cases involving defamation.
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A09652 Text:

                STATE OF NEW YORK
                                                                Cal. No. 776
                   IN ASSEMBLY
                                     January 9, 2008
        Introduced  by M. of A. LANCMAN, JAFFEE, K. ZEBROWSKI, FIELDS, ALFANO --
          Multi-Sponsored by -- M. of A. KOON, LIFTON, McDONOUGH, PAULIN -- read
          once  and  referred  to  the  Committee  on  Judiciary  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted

          to  said  committee  --  reported  from committee, advanced to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the
          order of third reading
        AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
          enforceability of certain foreign judgments
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "libel terrorism protection act".
     3    § 2. Section 5304 of the civil practice law and  rules,  as  added  by
     4  chapter 981 of the laws of 1970, is amended to read as follows:
     5    §  5304.  Grounds  for  non-recognition. (a) No recognition. A foreign
     6  country judgment is not conclusive if:
     7    1. the judgment was rendered under a system  which  does  not  provide

     8  impartial  tribunals  or  procedures compatible with the requirements of
     9  due process of law;
    10    2. the foreign court did  not  have  personal  jurisdiction  over  the
    11  defendant.
    12    (b) Other grounds for non-recognition. A foreign country judgment need
    13  not be recognized if:
    14    1.  the  foreign  court  did  not  have  jurisdiction over the subject
    15  matter;
    16    2. the defendant in the proceedings  in  the  foreign  court  did  not
    17  receive  notice  of  the proceedings in sufficient time to enable him to
    18  defend;
    19    3. the judgment was obtained by fraud;
    20    4. the cause of action on which the judgment is based is repugnant  to
    21  the public policy of this state;
    22    5. the judgment conflicts with another final and conclusive judgment;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.

        A. 9652--B                          2
     1    6.  the  proceeding  in the foreign court was contrary to an agreement
     2  between the parties under which  the  dispute  in  question  was  to  be
     3  settled otherwise than by proceedings in that court; [or]
     4    7.  in  the  case  of jurisdiction based only on personal service, the
     5  foreign court was a seriously inconvenient forum for the  trial  of  the
     6  action[.]; or
     7    8. the cause of action resulted in a defamation judgment obtained in a
     8  jurisdiction  outside  the  United States, unless the court before which
     9  the matter is brought sitting in this state first  determines  that  the

    10  defamation  law  applied in the foreign court's adjudication provided at
    11  least as much protection for freedom of speech and press in that case as
    12  would be provided by both the United States and New York constitutions.
    13    § 3. Section 302 of the civil practice law and  rules  is  amended  by
    14  adding a new subdivision (d) to read as follows:
    15    (d)  Foreign defamation judgment.  The courts of this state shall have
    16  personal jurisdiction over any person who obtains a judgment in a  defa-
    17  mation  proceeding outside the United States against any person who is a
    18  resident of New York or is a person or entity amenable  to  jurisdiction
    19  in  New  York  who has assets in New York or may have to take actions in
    20  New York to comply with the judgment,  for  the  purposes  of  rendering

    21  declaratory relief with respect to that person's liability for the judg-
    22  ment, and/or for the purpose of determining whether said judgment should
    23  be  deemed non-recognizable pursuant to section fifty-three hundred four
    24  of this chapter, to the fullest extent permitted by  the  United  States
    25  constitution, provided:
    26    1. the publication at issue was published in New York, and
    27    2.  that  resident  or person amenable to jurisdiction in New York (i)
    28  has assets in New York which might be used to satisfy the foreign  defa-
    29  mation  judgment, or (ii) may have to take actions in New York to comply
    30  with the foreign defamation judgment. The provisions of this subdivision
    31  shall apply to persons who obtained judgments in defamation  proceedings

    32  outside  the  United  States prior to and/or after the effective date of
    33  this subdivision.
    34    § 4. This act shall take effect immediately.
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