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Civil Procedure Flashcards

6 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 6 Civil Procedure flashcards as text

  1. In New York City, which court has original jurisdiction over a $200,000 money claim?

    Answer: Supreme Court

    Supreme Court has general original jurisdiction (NY Const art VI, 7). The NYC Civil Court is limited to claims up to $50,000 (CCA 202), District Courts to $15,000 (UDCA 202), and NYC small claims to $10,000.

  2. Under CPLR 3101, which of the following is generally discoverable in New York civil litigation?

    Answer: All matter material and necessary to the prosecution or defense of an action

    CPLR 3101(a) provides for full disclosure of all matter material and necessary in the prosecution or defense of an action, which has been interpreted broadly.

  3. In New York, a plaintiff's failure to prosecute an action may result in dismissal under which CPLR provision?

    Answer: CPLR 3216

    CPLR 3216 governs dismissal for want of prosecution when a party unreasonably neglects to proceed.

  4. Under the CPLR, which of the following is a proper basis for a pre-answer motion to dismiss under CPLR 3211(a)?

    Answer: The complaint fails to state a cause of action

    CPLR 3211(a)(7) provides for dismissal on the ground that the pleading fails to state a cause of action.

  5. In New York, a notice of claim against a municipality must be served within what time period?

    Answer: 90 days after the claim arises

    General Municipal Law § 50-e requires that a notice of claim be served on a municipality within 90 days after the claim arises.

  6. Under the CPLR, what is the effect of a voluntary discontinuance under CPLR 3217?

    Answer: The action is dismissed without prejudice unless otherwise stated

    A voluntary discontinuance under CPLR 3217 results in dismissal without prejudice, meaning the plaintiff may refile, unless the order specifies otherwise.