In a conflict between foreign legislation and New York public policy, which prevails?

• A. Foreign legislation controls
• B. New York public policy prevails
• C. The foreign state's exclusive jurisdiction clause divests NY courts of jurisdiction
• D. Public policy is determined by the jurisdiction with the greater connection to the dispute

Answer: (B)

When a dispute involves foreign law but applying it would violate New York’s public policy, the court will give effect to New York public policy rather than the foreign legislation. This protective principle means the forum’s values and fundamental rights take precedence over foreign rules that would lead to an outcome NY rejects. So, even if a foreign law would govern under usual conflict-of-laws rules, it won’t be enforced if it conflicts with New York’s important policies. The foreign-state exclusive jurisdiction clause doesn’t automatically prevent New York courts from exercising jurisdiction, and the rule isn’t simply about which jurisdiction has the greater connection. The controlling idea is that New York public policy prevails when there’s a clash.