Civil Practice & Procedure Flashcards

Under CPLR 3212, a motion for summary judgment must be made no later than how many days after the filing of the note of issue, unless the court sets a different deadline?

Answer: 120 days

CPLR 3212(a) requires a summary judgment motion to be made no later than 120 days after the filing of the note of issue.

In New York, which doctrine allows a court to dismiss an action where the plaintiff has an adequate remedy at law and no equitable grounds exist for relief?

Answer: Adequate remedy at law bar

Equity courts will not grant equitable relief when the plaintiff has a complete and adequate remedy at law.

Under CPLR 4518, a business record is admissible as an exception to the hearsay rule if it was made in the regular course of business and it was the regular course of business to make it. Who must lay this foundation?

Answer: A custodian or other qualified witness

A custodian or other qualified witness familiar with the record-keeping practices can authenticate a business record under CPLR 4518.

A plaintiff files suit in Supreme Court, New York County. Defendant timely demands a change of venue to the county of defendant's residence. Under CPLR 511(b), if the plaintiff does not consent within 5 days, the defendant must move to change venue within how many days after service of the demand?

Answer: 15 days

Under CPLR 511(b), if the plaintiff does not consent in writing within five days of service of the demand, the defendant must move within fifteen days after service of the demand to change the place of trial.

Under CPLR 3016, a complaint alleging fraud must state the circumstances constituting the wrong with what level of specificity?

Answer: Particularity as to each element

CPLR 3016(b) requires that fraud be pleaded with particularity, detailing the specific circumstances of the alleged wrongdoing.

Under CPLR 4403, a motion to confirm or reject a referee's report must be made within how many days after the report is filed?

Answer: 15 days

CPLR 4403 provides that objections to a referee's report must be filed within 15 days of service of the report.

Under New York's relation-back doctrine (CPLR 203(f)), an amended pleading adding a new claim will relate back to the original filing if the new claim arose out of the same conduct, transaction, or occurrence and the defendant would not be prejudiced. What additional requirement applies when a new party is added?

Answer: The new party must have had actual notice within the limitations period

Relation back to add a new party (CPLR 203(c)/(f); Buran v Coupal; Brock v Bua) requires that the claims arise from the same transaction, that the new party is united in interest with the original defendant, and that the new party knew or should have known that but for a mistake as to identity the action would have been brought against it, within the limitations period.