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

CPLR 308(4) allows affixing process to the door of the defendant's dwelling or place of business and mailing a copy only after the plaintiff demonstrates due diligence in attempting personal delivery under 308(1) and substituted service under 308(2). It is a method of last resort among the standard methods.

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

CPLR 503(a) provides that the place of trial shall be in the county in which one of the parties resided when the action was commenced. If no party resides in New York, the action may be tried in any county the plaintiff designates.

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

CPLR 3212(a) requires that a motion for summary judgment be made no later than 120 days after the filing of the note of issue, except with leave of court on good cause shown. Courts strictly enforce this deadline.

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

CPLR 3211(a)(7) authorizes pre-answer dismissal when the pleading fails to state a cause of action. On such a motion, the court must accept the complaint's allegations as true and determine only whether they fit within any cognizable legal theory.

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

CPLR 213(2) establishes a six-year limitations period for contract claims. This is one of the longer default periods under the CPLR and applies to both written and oral contracts unless a specific shorter period applies.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

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