NYLE - New York Law Exam NY Civil Practice & Procedure 1

Question 1

Under CPLR 308(4), 'nail and mail' service on a natural person is only permissible when:

Accepted Answer

Personal delivery and substituted service cannot be made with due diligence

Answer

The defendant is a non-domiciliary of New York

Answer

The defendant has previously evaded service in a prior action

Answer

The plaintiff obtains a court order authorizing alternative service

Question 2

Under CPLR 503(a), the general rule for proper venue in a transitory civil action is based on:

Accepted Answer

The county of residence of any party at the time the action is commenced

Answer

The county where the cause of action arose

Answer

The county where the plaintiff's attorney maintains an office

Answer

The county where the defendant's principal assets are located

Question 3

Under CPLR 3212(a), a motion for summary judgment must generally be made no later than:

Accepted Answer

120 days after the note of issue is filed, unless the court sets a different deadline

Answer

30 days after the pleadings are closed

Answer

60 days after joinder of issue

Answer

Any time before the trial commences

Question 4

Under CPLR 3211(a)(7), a defendant may move to dismiss a complaint on the ground that:

Accepted Answer

The complaint fails to state a cause of action

Answer

The plaintiff failed to appear at a preliminary conference

Answer

The plaintiff's attorney is not admitted to practice in New York

Answer

The complaint was not verified as required by the CPLR

Question 5

Under CPLR 213(2), the statute of limitations for an action upon a contractual obligation or liability, express or implied, is:

Accepted Answer

Six years

Answer

Three years

Answer

Four years

Answer

Ten years

Question 6

Under CPLR 4405, a motion to set aside a verdict pursuant to CPLR 4404 must be made within:

Accepted Answer

15 days after the verdict is rendered

Answer

30 days after entry of the judgment

Answer

20 days after service of the judgment with notice of entry

Answer

60 days after the jury is discharged