NY Civil Practice & Procedure 1 Flashcards

Under CPLR 308(4), 'nail and mail' service on a natural person is only permissible when:

Answer: Personal delivery and substituted service cannot be made with due diligence

CPLR 308(4) allows affixing process to the door of the defendant's dwelling or place of business and mailing a copy only after the plaintiff demonstrates due diligence in attempting personal delivery under 308(1) and substituted service under 308(2). It is a method of last resort among the standard methods.

Under CPLR 503(a), the general rule for proper venue in a transitory civil action is based on:

Answer: The county of residence of any party at the time the action is commenced

CPLR 503(a) provides that the place of trial shall be in a county in which one of the parties resided when the action was commenced, the county in which a substantial part of the events or omissions occurred, or, if none of the parties resides in the state, a county designated by the plaintiff. The residence of any party is the principal basis tested.

Under CPLR 3212(a), a motion for summary judgment must generally be made no later than:

Answer: 120 days after the note of issue is filed, unless the court sets a different deadline

CPLR 3212(a) requires that a motion for summary judgment be made no later than 120 days after the filing of the note of issue, except with leave of court on good cause shown. Courts strictly enforce this deadline.

Under CPLR 3211(a)(7), a defendant may move to dismiss a complaint on the ground that:

Answer: The complaint fails to state a cause of action

CPLR 3211(a)(7) authorizes pre-answer dismissal when the pleading fails to state a cause of action. On such a motion, the court must accept the complaint's allegations as true and determine only whether they fit within any cognizable legal theory.

Under CPLR 213(2), the statute of limitations for an action upon a contractual obligation or liability, express or implied, is:

Answer: Six years

CPLR 213(2) establishes a six-year limitations period for contract claims. This is one of the longer default periods under the CPLR and applies to both written and oral contracts unless a specific shorter period applies.

Under CPLR 4405, a motion to set aside a verdict pursuant to CPLR 4404 must be made within:

Answer: 15 days after the verdict is rendered

CPLR 4405 requires that post-trial motions under CPLR 4404 — including motions to set aside a verdict as against the weight of the evidence or for judgment as a matter of law — be made within 15 days after the verdict is rendered. Missing this deadline forfeits the right to make the motion.