Wednesday, January 27, 2016

Comity, and foreign divorce decrees.

Practice point: Although not required to do so, New York courts generally will recognize the judgments rendered in a foreign country under the doctrine of comity which is the equivalent of full faith and credit given by the courts to judgments of other States.  Comity extends to upholding the validity of a foreign divorce decree, absent a showing of fraud in its procurement or that recognition of the judgment would do violence to a strong public policy of New York.

Student note:   New York courts will generally recognize all the provisions of the decree, including any agreement which may have been incorporated therein.

Case:  Badawi v. Alesawy, NY Slip Op 00317 (2d Dept. 2016)

Here is the decision.

Tomorrow's issue:  Appellants who are not aggrieved by the order being appealed.