Civil Practice Law and Rules

105 An infant refers to a person who has not yet attained the age of A. 21 years B. 18 years C. 16 years D. none of the above

B. 18 years

321 A corporation or voluntary association must appear NY A. The owner of the corporation B. Attorney C. General manager of the corporation D. All of the above may appear

B. Attorney

CPLR 403 Petition and notice of petition must be served: A. At least 3 days before hearing B. At least 5 days before hearing C. At least 8 days before hearing D. At least 12 days before hearing

C. At least 8 days before hearing

1013 A person may intervene by permission: 1. When a statute confers the right to intervene in the discretion of the court 2. When person's claim/defense have common question law/fact with the main action A. 1 only B. 2 only C. Both 1 & 2 D. Neither 1 nor 2

C. Both 1 & 2

3011 Which of the following choices does not correctly pair a pleading with its responsive pleading? A. complaint & answer B. counterclaim & reply C. cross-claim & reply D. interpleader complaint & answer

C. Cross-claim & reply

The parties in a special proceeding are called A. claimant and respondent B. Plaintiff and defendant C. Petitioner and respondent D. Petitioner and defendant

C. Petitioner and respondent

CPLR ART 22 Service of an order shall be made by: A. serving the original order. B. serving the original order and one copy. C. serving a copy of the order.

C. Serving a copy of the order

1101 The affidavit in a motion to proceed as s poor person must contain all of the following except: A. The amount of poor person's income B. The source of poor person's income C. Statement that poor person is able to pay costs and fees D. Whether any other person is beneficially interested in the recovery sought

C. Statement that poor person is able to pay costs and fees

CPLR 104 The __ shall be liberally construed to secure the just, speedy and inexpensive determination of every civil judicial proceeding.

Civil practice law and rules

105 __ means clerk of the court in which the action is triable. In supreme and county court, the word __ shall mean the clerk of the county.

Clerk, clerk

A transaction wherein credit is extended to an individual and the money, property or service is primarily for personal, family or household purposes

Consumer credit transaction

316 Which of the following statements is not correct? A. When service is made by publication, the first publication shall be made within 30 days after the order is granted by the court B. Publication must be in 2 newspapers, at least 1 must be in English, at least once in each of 4 consecutive weeks. Service is complete on the 28th day of publication. C. In matrimonial actions, service by publication in 1 newspaper in the English language, at least once in each of 3 consecutive weeks shall be sufficient. Service is complete on the 21st day after publication. D. All of the above are correct

D. All of the above are correct Also..an order for service of a summons by publication in a matrimonial action shall also direct that on or before the first day of publication a copy of the summons be mailed to the person served unless a place where such person probably would receive mail cannot with due diligence be ascertained and the court dispenses with such mailing. A notice of publication shall be enclosed

321 ✔️✔️ A corporation or voluntary association must appear NY A. The owner of the corporation B. Attorney C. General manager of the corporation D. All of the above may appear

D. Attorney

304 All papers are filed with the clerk in the court and county where action to be commenced. Clerk must _____ the papers and maintain a record of the date of the filing. Clerk must return the copy to the party filing and assign an _____.

Date stamp, index number

105 A corporation created by or under the laws of the state or a corporation located in the state and created by or under the laws of the US or a corporation created by/pursuant to the laws in force I the colony of NY before April 19, 1775. Every other corporation is a _____.

Domestic corporation Foreign corporation

311 A corporation can be served by serving the following: A. Cashier B. Officer C. Director D. Authorized agent E. All of the above

E. All of the above (A MAC DOG) AUTHORIZED AGENT MANAGING AGENT ASSISTANT CASHIER CASHIER DIRECTOR OFFICER GENERAL AGENT

T/F? A court order is never needed to serve by publication.

False

503a T/F? Generally venue is the county designated by the defendant.

False Except where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when it was commenced or if none of the ladies then resided in the state, in any county designated by the plaintiff. A party resident in more than one county shall be deemed a resident of each such county

1101 T/F? A person represented by legal aid society is automatically granted poor person status

False. A certificate must be filed by the legal aid attorney that a determination has been made by the legal aid society that the Party is unable to pay the costs and expenses of the action

1101 T/F? Permission to proceed as a poor person may only be granted by court where action is triable.

False. May also be granted by court where appeal had or will be taken

CPLR 1101 T/F? A party who earns $1000.00 or more per week is not eligible for poor person status.

False. Any party may ask to proceed as a poor person. Statute does not reference any dollar amount

CPLR 304 T/F? At the time of the filing the petition and notice of petition, the clerk is required to date stamp the original papers, but not copies thereof.

False. At the time of filing, the clerk shall stamp the original and a copy of the papers. The clerk retains the original and returns the copy to the party filing the papers.

304 T/F? The service of a notice and petition commence a special proceeding.

False. Generally the FILING of the petition commences a special proceeding

304 Where filing is by ____, the clerk need only return a date stamped copy of the ____ together with the index number.

Fax, first page

A person who owes a debt to s judgment debtor, or a person other than the judgment debtor who has property in his possession in which a judgment debtor has an interest

Garnishee

304 What commences an action (lawsuit)?

Generally the filing of the summons and complaint (or summons with notice) and filing fee paid

105 A person who has not attained the age of 18 years

Infant

105 A person in whose favor a money judgment is entered or a person who becomes entitled to enforce it

Judgment creditor

A person, other than a defendant, not summoned in the action against whom a money judgment is entered

Judgment debtor

301 The courts legal ability to hear the case that is before it

Jurisdiction

What is personal jurisdiction and how is it obtained?

Jurisdiction over the defendant. It is obtained by serving the summons on the individual

Any statute or any civil practice rule

Law

A judgment for a sum of money or directing the payment of a sum of money

Money judgment

CPLR 1201 The court MAY or MUST appoint a guardian ad litem for an adult incapable of adequately prosectuing or defending his rights.

Must

CPLR 312B Acknowledgment of receipt mailed or delivered within ____days or receipt.

Must be mailed or delivered to the sender within 30 days from the date of receipt.

A supplemental summons is used to bring a new party into an action. Is a court order required?

No. A supplemental summons is filed with the clerk of the court and must be served upon such party

Prevents a plaintiff from suing on a claim that already has been decided and also prevents a defendant from raising any new defense to defeat the enforcement of an earlier judgment. It also precludes relit ovation of any issue, regardless of whether the second action is on the same claim as the first one, if that particular issue actually was contested and decided in the first action

Res judicada

CPLR 503 Executors, administrators, etc are deemed residents of county of appointment and county of __________

Residence

107 ___ shall have the power to adopt, amend and rescind an appendix of forms

State administrator

305 ___ is used to bring a new party into an action

Supplemental summons **A is suing B. Some time later C is added to the lawsuit. We need to serve C with supplemental summons***

3402 T/F? Any party may place a case on the calendar by filing with the clerk 2 copies of a note of issue and proof of service within 10 days after service upon the other party.

True

CPLR 3402 T/F? Any party may place a case on the calendar after issue is first joined or after 40 days have passed since service of the summons has been completed.

True

CPLR 5 T/F? Generally venue in a special proceeding is In any county within judicial district where action is triable (Exception: Article 78 venue).

True

T/F? Court may order severance of a claim, counterclaim or cross-claim

True The court may at any time order a severance of a particular claim, counterclaim or cross-claim or as to a particular party, and order that, as to such claim or party, the special proceeding continue as an action or as a separate special proceeding

105 T/F? The place where an action is triable means the place where the action is pending or if no action has been commenced any proper place of trial or any proper place to commence the action or after entry of judgment, the place where he judgment was entered

True. The place where an action is triable means the place where the action is pending or if no action has been commenced any proper place of trial or any proper place to commence the action or after entry of judgment, the place where he judgment was entered

208 If the statute of limitations is three years or more for the lawsuit, then the period is extended to ___ from the end of the disability.

+3 years

1022 Upon the substitution of a party in an action, the time for taking procedural steps is extended until ___ days after substitution is made

15

208 If the plaintiff is an infant (under __ years old), the period of time that the action (lawsuit) may be commences is extended

18

CPLR 1203 NO default judgment may be entered against an infant or incompetent unless his representative has appeared in action or ___ days have passed since appointment of a guardian ad litem.

20

308 Where service is by nail and mail or by delivery to person of suitable age and discretion (SAD service) and then mailing, delivery and mailing must be done within ___ days of each other. In such cases, service is complete ___ days after the filing of proof of service with the clerk.

20 days 10 days

Art 3 Where service is by NAIL & MAIL or by delivery to person of suitable age and discretion and then mailing, delivery and mailing must be done within ___ days of each other. In such cases, service is complete ___ days after filing proof of service. Proof of service is filed with clerk of court.

20 days 10 days

When summons is served by personal delivery within NYS defendant has ___ days after such delivery to answer. When a summons is served by other than personal mail, defendant then has ___ days after service to answer.

20 days 30 days

3218 An affidavit of judgment by confession may be filed within ___ years of the time that it was executed.

3 years

304 Where a court finds that circumstances prevent immediate filing, the signing of an order requiring the subsequent filing at a specific time and date not later than ___ days thereafter shall commence the action.

5

3406 Notice of medical malpractice action must be filed within ____ days after issue is first joined.

60

3211 Service of motion to dismiss before service of a responsive pleading extends the time to serve the pleading until ________days after service of the notice of entry of the order. A. 10 B. 20 C.30 D. 45

A

1103 When a poor person recovers money on a settlement or judgment, the money must be paid to _____ who shall distribute the money according to a court order A. Clerk of the court B. Attorney for the plaintiff C. Attorney for the poor person D. New York City Dept of Finance

A. Clerk of the court Any recovery by judgment or settlement had in favor of a poor person shall be paid to the clerk of the court in which the order permitting the person to proceed as a poor person was entered to await distribution pursuant to court order

1202a Which statement is not correct? A. Infant party if he is more than 10 years of age B. A relative or friend of the infant C. Any party to the action if motion is not made by infant or persons in choices B or D D. Guardian, committee of property or conservator

A. Infant party if he is more than 10 years of age **an infant party if he is more than 14 years of age; a relative, friend, or a guardian, committee of the property, or conservator; or any other party to the action if a motion has not been made under paragraph one or two within 10 days after completion of service

3403 Which of the following actions is not entitled to a trial preference? A. action brought by the state. B. action where preference is not provided by statute, but plaintiff is 68 years old. C. medical malpractice action or application of party at least 70 years old. D. action against the state.

B

CPLR 3402 A party who brings in a new party must within five days serve upon that party a note of issue. The party bringing in the new party must also file a statement with the clerk and serve upon all other parties who have appeared in the action a statement advising them that: 1. new party has been brought into the action. 2. any change in the title of the action. 3. proof of service of note of issue on new party. 4. proof of service of statement upon all other parties. A. 1, 2 & 3 only B. 1, 3 & 4 only C. 2, 3 & 4 only D. 1, 2, 3 & 4 are all correct.

B