New York Court System

A notice of claim must be filed against the municipality within

90 days after the claim arises.

In New York, the appellate division courts may review ony questions of law

FALSE

In a responsive pleading (e.g,. an answer), "silence" is considered a denial.

FALSE

Legal causation has the effect of expanding a defendant's liability.

FALSE

New York does not follow the "single allegation rule" in pleadings.

FALSE

The monetary jurisdictional amount in Justice Court is $2,500

FALSE

A cross-claim is a cause of action asserted by the plaintiff in his reply to a defendant's counterclaim

FALSE A cross-claim is a claim asserted by a party on the "same side of the v" (e.g. Plaintiff v defendant one and defendant two. If defendant one makes aq claim against defendant two , it is a cross -claim)

A person must be aware of a battery.

FALSE Although this is true with assault, it is not true with battery (e.g. get punched in the back of the head)

In pleading a cause of action for divorce, the complaint only needs to give notice of the misconduct alleged: e.g. "My husband committed adultery

FALSE CPLR R.3016 required that in pleadings a cause of action for divorce,each act of misconduct,together with its time and place,shall be pled

In a New York State Supreme Court complaint, the plaintiff must include any allegations as to the court's subject matter jurisdiction

FALSE In federal courts this is true because they are courts of limited jurisdiction,but with the New York Supreme Court,it is presumed to have subject matter jurisdiction over the matter

The New York Court of Appeals is always permitted to review questions of both law and fact

FALSE The Court of Appeals can only hear facts in two types of situations

John's answer does not contain a counterclaim. To amend his answer "as of right," John may wait until 20 days after the responsive pleading is served

FALSE There s no responsive pleading to an answer without a counterclaim. If this answer contained a counterclaim,that would work

In John Smith's complaint, he alleges in his first cause of action that defendant intentionally struck him with a bat. In Smith's second cause of action, he claims that defendant negligently struck him with a bat. The defendant moves to dismiss Smith's second cause of action because it is inconsistent with his first cause of action. The defendant's motion will be granted.

FALSE This is a perfectly fine "inconsistent" pleading

In an action for wrongful death, the plaintiff's complaint must demand a specific monetary amount to be awarded

FALSE This is the result of a 11/27/03 change in rule. Now, parties in personal ijury or wrongful death cases need not state the amount of damages,but shall simply set forth a prayer for general relief.

Punitive damages relate to any actual medical expenses incurred by the plaintiff

FALSE Those are specials

The United States Supreme Court can issues advisory opinions

FALSE Unlike the Court of Appeals can do under some very limited situations, the Federal Courts can never do this that would violate the "case and controversy " requirement in the Constitution.

Stokes sues his general contractor for negligent construction of Stokes' home. The general contractor commences a third-party action against the subcontractor on the job. The third-party complaint alleges that if the general contractor is liable to Stokes, then the subcontractor is liable to the general contractor. This is an example of "alternate pleading."

FALSE it's not alternate pleading

In the United States, almost all the states follow the contributory negligence rule.

FALSE very few states follow this rule

Special damages relate to any special talents the plaintiff lost as a result of an accident

False No they don't . special damages relate to a plaintiff's actual expenses, such as lost wages.

The jurisdicitional amount in City Court is $20,000

False it $15,000

In justice court,the judges must be lawyers

False this is the only court where judges don't hove to be lawyers

There is no need to reply to a counterclaim if the counterclaim does not demand a reply

False this is the rule for a cross-claim, not a counterclaim

Service of process means the service of whatever document needs to be served under a particular civil procedure

Service of process means the service of whatever document needs to be served under a particular civil procedure

In addition to the CPLR, the Act provides procedure rules for the Surrogate's Court

Surrogate's Court Procedure Act

A "DKI" in a responsive pleading has the same effect as a "denial."

TRUE

A defendant can raise the "statute of limitations" as an affirmative defense.

TRUE

A divorce action cannot be brought in Family Court

TRUE

A motion to amend a pleading should contain a copy of the proposed pleading as an exhibit to the motion

TRUE

If it appears that amending a pleading would cause prejudice to another party, the judge may deny the motion to amend the pleadings

TRUE

The statute of frauds is an affirmative defense to a contract cause of action

TRUE

When drafting a complaint, style suggests that the first two allegations should set forth the names of the plaintiff and defendant

TRUE

Prior statements in pleadings are deemed repeated; therefore, a party need not state that "Plaintiff realleges all of the preceding paragraphs supra with the same force and effect as if repeated at length herein

TRUE For some reason attorneys still insist on using this language ."tradition and caution"

The "soft skull" or "egg shell skull" doctrine stands for the proposition that a defendant "takes the plaintiff as she finds him or her

TRUE Hence, it does not matter if a defendant could not foresee a plainfitff being injured by the contract

The plaintiff must reply to a counterclaim.

TRUE You do not answer a counterclaim you reply to it

Nominal damages are not allowed in negligence cases

TRUE You'd be missing the elements of damages in that case

When writing a complaint for a contract cause of action, it is a good practice to also allege a cause of action for "account stated" and a cause of action for "unjust enrichment."

TRUE this is easier to get a summary judgement motion granted on account stated cause of action rather than the breach of contract cause of action

P and D are in an accident. P is found 50% at fault and D is found 50% at fault. In a state following the "Not as Great as" rule, P will not be able to recover

TRUE you would read a diffeent result in a "not greater than"state

In addition to the CPLR, the Act provides procedure rules for the Town Courts.

Uniform Justice Court Act

Judges on the New York Court of Appeals are

appointed to 14-year terms on the bench by the governor

Jones is in a car accident. He notifies his insurance company right way. Five months later he receives a summons and complaint. He turns them over to his insurance company. The insurance company denies coverage. The company claims that Jones never satisfied the condition precedent in the insurance policy because he failed to give notice of the suit. Jones commences a lawsuit for a declaratory judgment stating that the policy applies and that the company must indemnify him

need not allege the performance of the condition precedent. c. need not allege the performance of the condition precedent; however, the defendant must specifically set forth the non-occurrence in her answer.

On February 1, 1990, Walcox commences an action against Lewis for personal injury by purchasing an index number and personally serving Lewis with the summons and complaint. Lewis services an answer to the complaint, together with counterclaims, on February 20, 1990

within 20 days after the service of his answer. b. within 20 days after the pleading responding to his answer is served. c. at any time before the period for responding to his answer expires THE COUNTERCLAIM MAKES ALL OF THESE APPLICABLE