Article 54 Enforcement of Judgments

Question 1

  CPLR 5401
A foreign judgment as defined by the CPLR includes:
(a)   any judgment of any jurisdiction other than New York
(b)   any judgment of a sister State, only
(c)   any judgment of a Federal Court, only
(d)   any judgment of a Federal Court or of a sister State except one obtained by default in appearance or by confession of judgment.

Answer 1

 Answer: (d)
CPLR 5401 provides that the term “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 (i.e., a judgment of a sister State), except one obtained by default in appearance or by confession of judgment. Thus, choice (d) is the answer.

Question 2

  CPLR 5402
Select the best answer with respect to foreign judgments.
(a)   A copy of any foreign judgment authenticated in accordance with an Act of Congress or the statutes of New York State may be filed within ninety days of the date of authentication in the office of any county clerk of the State.
(b)   The clerk shall treat a foreign judgment filed in accordance with the provisions of the CPLR in the same manner as a judgment of the New York State Supreme Court.
(c)   Both (a) and (b) are correct.
(d)   Neither (a) nor (b) is correct.

Answer 2

 Answer: (c)
CPLR 5402(a) clearly indicates that choice (a) is correct. CPLR 5402(b) clearly indicates that choice (b) is correct.