Civil Procedure Flashcards

What is the general statute of limitations for medical malpractice in New York under CPLR 214-a?

Answer: 2 years and 6 months

CPLR 214-a sets 2.5 years from the act, omission, or end of continuous treatment, which is shorter than the 3-year rule for general personal injury.

A plaintiff's timely action is dismissed for failure to join a party. Which CPLR provision may let the plaintiff start a new action within six months even though the limitations period has run?

Answer: CPLR 205(a)

CPLR 205(a) gives six months to recommence unless the dismissal was a voluntary discontinuance, lack of personal jurisdiction, neglect to prosecute, or a final judgment on the merits.

Under CPLR 203(f), when does a claim in an amended pleading relate back to the original pleading?

Answer: Unless the original pleading did not give notice of the transactions or occurrences to be proved under the amendment

Relation back under CPLR 203(f) depends on whether the original pleading gave notice of the underlying transactions or occurrences.

A Connecticut resident writes a defamatory article in Connecticut that harms a New Yorker's reputation in New York. Why does CPLR 302(a)(3) fail to support long-arm jurisdiction?

Answer: Defamation is expressly excluded from the tortious-act provisions of CPLR 302(a)(2) and (a)(3)

CPLR 302(a)(2) and (a)(3) expressly exclude causes of action for defamation of character.

What is the scope of disclosure under CPLR 3101(a)?

Answer: Full disclosure of all matter material and necessary to the prosecution or defense of the action

CPLR 3101(a) requires full disclosure of all matter 'material and necessary,' a phrase the courts read liberally.

A plaintiff waits 14 months after the defendant's default without seeking a default judgment and shows no sufficient cause. What happens under CPLR 3215(c)?

Answer: The court shall dismiss the complaint as abandoned

CPLR 3215(c) requires dismissal as abandoned when default judgment is not sought within one year unless sufficient cause is shown.

A defendant raises improper service in the answer. Under CPLR 3211(e), what must the defendant do to preserve the objection?

Answer: Move for judgment on that ground within 60 days after serving the answer, unless the court extends the time for undue hardship

CPLR 3211(e) waives an improper-service objection unless the defendant moves for judgment on it within 60 days after serving the pleading.