Civil Practice & Procedure Flashcards
7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Practice & Procedure flashcards as text
Under CPLR 901, a class action may be maintained if the class is so numerous that joinder is impracticable. New York courts generally look for at least how many class members to satisfy this numerosity requirement?
Answer: 40
New York courts generally find numerosity satisfied when a class has approximately 40 or more members, though no bright-line rule exists.
Under CPLR 3025(b), a party may amend a pleading at any time by leave of court. Courts apply which standard when deciding whether to grant leave?
Answer: Whether there is prejudice to the opposing party that cannot be cured
Leave to amend is freely given unless the opposing party would suffer prejudice or surprise that cannot be cured by a continuance.
A non-domiciliary defendant is personally served outside New York in a claim arising from business transacted in New York. Jurisdiction over the defendant is based on which theory?
Answer: Long-arm jurisdiction under CPLR 302
CPLR 302 (long-arm statute) permits jurisdiction over a non-resident defendant for acts arising out of specific contacts with New York, not merely service outside New York.
Under CPLR 3103, a court may issue a protective order limiting disclosure. Which of the following is a recognized ground for such an order?
Answer: The demand is unreasonably burdensome or seeks privileged material
CPLR 3103 allows protective orders to prevent unreasonable annoyance, expense, embarrassment, or prejudice, including demands for privileged information.
Under CPLR 7503(c), a party who is served with a notice of intention to arbitrate and wishes to stay arbitration must apply to stay it within what time period?
Answer: 20 days
CPLR 7503(c) requires that an application to stay arbitration be made by the party served within 20 days after service of the notice of intention to arbitrate, or that party is precluded from objecting.
In New York, which party bears the burden of proof on a motion for a preliminary injunction?
Answer: The plaintiff, who must show likelihood of success, irreparable harm, and balance of equities
To obtain a preliminary injunction, the moving party must demonstrate a likelihood of success on the merits, irreparable injury absent the injunction, and a balance of equities in its favor.
Under CPLR 3404, if a case has been marked off the calendar or struck from the calendar and has not been restored within what period, it is deemed abandoned and shall be dismissed?
Answer: 1 year
CPLR 3404 provides that a case that has been marked off or struck from the calendar and is not restored within one year is deemed abandoned and dismissed.