Civil Practice & Procedure Flashcards

Under CPLR 4545, in a personal injury action, collateral source payments received by the plaintiff from certain sources must be offset against the damages award. Which of the following is typically subject to this offset?

Answer: Payments from Social Security disability benefits

CPLR 4545 requires that certain collateral source payments, including Social Security disability benefits, be offset against economic damages awards.

Under CPLR 5513, the time to appeal from an order or judgment as of right to the Appellate Division is how many days from service of a copy of the order or judgment with written notice of its entry?

Answer: 30 days

CPLR 5513(a) provides that an appeal as of right must be taken within 30 days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry (30 days from entry if the appellant itself served it, 5513(a)).

Under CPLR 6313(a), a court may grant a temporary restraining order without notice to the adverse party only upon a showing that:

Answer: Immediate and irreparable injury, loss or damage will result unless the defendant is restrained before a hearing can be had

CPLR 6313(a) permits a TRO without notice if it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had (and see 22 NYCRR 202.7(f) on notice). The 10-day figure in the old question is not in CPLR 6313.

Under CPLR 3101(c), what is the scope of protection for the work product of an attorney?

Answer: It is an absolute privilege for attorney mental impressions and legal strategies

CPLR 3101(c) provides that the work product of an attorney "shall not be obtainable" - an absolute immunity covering mental impressions, conclusions and legal theories. Trial-preparation materials prepared in anticipation of litigation (3101(d)(2)) are only conditionally protected and may be obtained on a showing of substantial need and undue hardship.

Under CPLR 308, personal service upon a natural person in New York may be made by leaving the summons with a person of suitable age and discretion at the defendant's dwelling and mailing a copy to defendant's last known address. This method is known as what?

Answer: Deliver-and-mail (substituted) service under CPLR 308(2)

CPLR 308(2) permits delivery to a person of suitable age and discretion at the defendant's actual place of business, dwelling place or usual place of abode, plus mailing to the last known residence or actual place of business; proof of service must be filed within 20 days and service is complete 10 days after filing. Nail-and-mail is 308(4).

In a New York civil case, interrogatories served on a party must be answered within what time period under CPLR 3133?

Answer: 20 days

CPLR 3133(a) requires interrogatories to be answered or objected to within 20 days after service.

Under CPLR 3217, a plaintiff may discontinue an action without a court order at any time before a responsive pleading is served. After a responsive pleading has been served, how may the plaintiff discontinue?

Answer: Only by stipulation of all parties or by court order

After a responsive pleading is served, CPLR 3217(b) requires either a stipulation signed by all parties or a court order to discontinue the action.