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 2221, what must a party demonstrate to succeed on a motion for leave to reargue?
Answer: That the court overlooked or misapprehended facts or law in the prior determination
CPLR 2221(d) provides that reargument is based on a showing that the court overlooked or misapprehended the relevant facts or misapplied a controlling principle of law.
Under the CPLR, what is the effect of filing a notice of pendency (lis pendens)?
Answer: It provides constructive notice to subsequent purchasers or encumbrancers of real property that the property is subject to pending litigation
Under CPLR 6501, a notice of pendency provides constructive notice to anyone who later acquires an interest in the real property that the property is the subject of pending litigation.
Under the CPLR, what is required for a court to grant a preliminary injunction?
Answer: A likelihood of success on the merits, irreparable harm without the injunction, and a balancing of the equities in the movant's favor
Under CPLR 6301, a preliminary injunction requires the movant to show likelihood of success on the merits, danger of irreparable injury absent the injunction, and that the balance of equities tips in the movant's favor.
Under CPLR 5501, which of the following may the Appellate Division review on appeal?
Answer: Questions of law and fact, and the court may substitute its own findings of fact
The Appellate Division has broad appellate power under CPLR 5501 to review questions of both law and fact and may render the judgment it finds warranted by the facts.
Under CPLR 214-a, what is the statute of limitations for medical malpractice actions in New York?
Answer: Two years and six months from the date of the alleged malpractice
CPLR 214-a establishes a two-year-and-six-month statute of limitations for medical malpractice, dental malpractice, and podiatric malpractice.
Under the CPLR, when is interlocutory appellate review available as of right?
Answer: From orders granting or denying a provisional remedy such as a preliminary injunction
CPLR 5701(a)(2)(v) permits an appeal as of right to the Appellate Division from an order that grants, refuses, continues or modifies a provisional remedy, such as a preliminary injunction.