NYLE - New York Law NY Civil Practice & Procedure Questions and Answers

Question 1

A plaintiff in a personal injury action in New York Supreme Court wishes to file a motion for summary judgment.
According to the CPLR, what is the earliest point at which the plaintiff may make this motion?

Accepted Answer

After issue has been joined.

Answer

Upon filing the summons and complaint.

Answer

After the defendant has appeared in the action.

Answer

Any time after 40 days from the commencement of the action.

Question 2

A corporation with its principal place of business in Albany is sued in New York Supreme Court. The plaintiff properly commences the action by filing a summons and complaint. Which of the following methods of service on the corporation is generally NOT sufficient under the CPLR?

Accepted Answer

Mailing the summons to the corporation's main office via certified mail, return receipt requested.

Answer

Personal delivery of the summons to an officer of the corporation.

Answer

Delivery of the summons to the New York Secretary of State as agent for the corporation.

Answer

Personal delivery of the summons to a managing agent of the corporation.

Question 3

Which of the following is NOT one of the provisional remedies available to a litigant under Article 60 of the CPLR?

Accepted Answer

Seizure of Chattel

Answer

Attachment

Answer

Preliminary Injunction

Answer

Notice of Pendency

Question 4

An individual wants to challenge a final determination made by a New York State administrative agency, arguing that the decision was arbitrary and capricious. What is the proper procedural vehicle for this individual to seek judicial review?

Accepted Answer

A special proceeding under CPLR Article 78.

Answer

A motion for summary judgment in lieu of complaint.

Answer

A declaratory judgment action.

Answer

An appeal directly to the Appellate Division.

Question 5

A defendant in a breach of contract action in New York serves a pre-answer motion to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211(a)(7). The motion is denied by the court. What is the effect of making this motion on the defendant's time to serve an answer?

Accepted Answer

The defendant's time to serve the answer is extended until 10 days after service of notice of entry of the order denying the motion.

Answer

The defendant's time to answer is tolled and they must answer within 20 days of the original service of the complaint.

Answer

The defendant is deemed to be in default for not answering within the statutory time frame.

Answer

The motion papers are automatically converted into an answer.

Question 6

In New York, what is the statute of limitations for a cause of action based on non-medical professional malpractice, such as legal or accounting malpractice?

Accepted Answer

Three years from the date of the malpractice.

Answer

Six years from the date of the malpractice.

Answer

Two and a half years from the date of the malpractice.

Answer

One year from the date the malpractice was discovered.

A plaintiff in a personal injury action in New York Supreme Court wishes to file a motion for summary judgment.According to the CPLR, what is the earliest point at which the plaintiff may make this motion?

A plaintiff in a personal injury action in New York Supreme Court wishes to file a motion for summary judgment.
According to the CPLR, what is the earliest point at which the plaintiff may make this motion?