October 17, 2007 | New York Law Journal
Enforcing Foreign Judgment as Offensive to Public PolicyMargaret A. Dale, a partner at Proskauer Rose, and Julie A. Tirella, an associate at the firm, write that the CPLR provides discretionary grounds for nonenforcement of foreign judgments. Among them is where the cause of action on which the judgment is based is repugnant to the public policy of the state, such as a foreign judgment that impinges on First Amendment rights. The analysis required to make that determination was recently set forth by the Second Circuit in the Viewfinder case.
By Margaret A. Dale and Julie A. Tirella
9 minute read
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