NY Civil Practice & 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 NY Civil Practice & Procedure flashcards as text
Under CPLR 3013, what standard must a complaint meet to be considered sufficient?
Answer: It must contain statements sufficiently particular to give the court and parties notice of the transactions or occurrences intended to be proved
CPLR 3013 requires that pleadings contain statements sufficiently particular to give notice of the transactions, occurrences, or series of transactions or occurrences intended to be proved and the material elements of each cause of action.
Under the CPLR, when may a court grant a default judgment against a defendant who fails to appear?
Answer: Upon proof of service, the facts constituting the claim, and the amount due
Under CPLR 3215, a default judgment requires proof of service, proof of the facts constituting the claim, and proof of the amount due.
Under CPLR 5015, on what grounds may a court vacate a default judgment?
Answer: Excusable default, newly discovered evidence, fraud, lack of jurisdiction, or reversal of the underlying order
CPLR 5015(a) lists five grounds for vacatur: excusable default, newly discovered evidence, fraud/misrepresentation/misconduct, lack of jurisdiction, and reversal or modification of the underlying order.
Under CPLR 3126, what sanction may a court impose for a party's willful failure to comply with disclosure orders?
Answer: Striking the party's pleading or rendering a default judgment
CPLR 3126 authorizes courts to impose sanctions including striking pleadings, precluding evidence, or staying the action for a party's willful failure to disclose.
Under the CPLR, what is the purpose of a bill of particulars?
Answer: To amplify the pleadings and limit the issues for trial
A bill of particulars under CPLR 3041-3044 amplifies the pleadings by providing greater detail about claims, limiting the proof at trial to what is specified.
Under CPLR 4404, what power does a trial court have after a jury verdict?
Answer: The court may set aside the verdict and order a new trial or direct judgment as a matter of law
CPLR 4404(a) authorizes the trial court to set aside a verdict and order a new trial, or to direct judgment as a matter of law (JNOV) if there is no valid line of reasoning supporting the verdict.