NYLE — New York Law Exam — Questions and Answers

Question 1: Offeror mails an offer to Offeree on Monday stating, "This offer remains open until Friday." On Tuesday, Offeree mails a letter rejecting the offer. On Wednesday, before the rejection arrives, Offeree changes their mind and sends an acceptance by email, which Offeror reads on Wednesday afternoon. The rejection letter arrives Thursday. Under the common law rules, which statement is most accurate?

No contract formed, because Offeree's acceptance was a counteroffer to the rejection
A binding contract formed on Wednesday, because the rejection was not effective until received and the acceptance arrived first (Correct answer)
A binding contract formed on Tuesday, when the rejection was mailed, because of the mailbox rule
No contract formed, because a rejection is effective upon dispatch and terminates the power of acceptance

Correct answer: A binding contract formed on Wednesday, because the rejection was not effective until received and the acceptance arrived first

A rejection is effective only upon receipt, not dispatch; the mailbox rule applies to acceptances, not rejections. Because the acceptance reached Offeror before the rejection did, the power of acceptance had not been terminated, and the acceptance was effective upon receipt (email being a means that was not itself unreasonable). A contract formed Wednesday.

Question 2: Testator's will leaves $200,000 to her son, Sam. Her residuary estate goes to a charity. The will was signed with only two attesting witnesses, and Sam was one of them. Testator died without a spouse. Her only heirs are Sam and his brother, Ted, and her net estate is worth $300,000. What does Sam receive?

Nothing, because the gift to an attesting witness is void and he cannot take anything from the estate
Nothing, and the whole will fails because it lacks two valid witnesses
$200,000, because a child is always exempt from the interested-witness rule
$150,000, the smaller of the gift and the intestate share he would have received with no will (Correct answer)

Correct answer: $150,000, the smaller of the gift and the intestate share he would have received with no will

Under EPTL 3-3.2, a will gift to an attesting witness is void unless the will is proved by at least two other witnesses who are not beneficiaries. The will itself stays valid; only the witness's gift is affected. However, a witness who would be a distributee if there were no will can still take up to the smaller of the will gift or his intestate share. Without a will, Sam and Ted would each take half of $300,000, which is $150,000. Sam therefore takes $150,000.

Question 3: Since 2009, a New York homeowner has kept a hedge, a chain-link fence, and lawn sprinklers on a 4-foot strip of the neighbor's land. The use has been open, notorious, exclusive, and continuous for over 10 years. The homeowner now sues to quiet title to the strip by adverse possession. What is the most likely result?

The homeowner loses, because the RPAPL makes adverse possession unavailable between neighbors who share a boundary
The homeowner wins, because the statutory period of 10 years has run
The homeowner loses, because under RPAPL § 543 de minimis non-structural encroachments like fences, hedges, and sprinklers are deemed permissive, not adverse (Correct answer)
The homeowner wins, but only if they paid property taxes on the strip

Correct answer: The homeowner loses, because under RPAPL § 543 de minimis non-structural encroachments like fences, hedges, and sprinklers are deemed permissive, not adverse

The 2008 amendments to the RPAPL apply to adverse possession claims vesting after July 7, 2008. Under RPAPL § 543(1), de minimis non-structural encroachments such as fences, hedges, shrubbery, plantings, sheds, and non-structural walls are deemed permissive and non-adverse. Lawn mowing and similar upkeep are treated the same way under § 543(2). Because the possession is deemed permissive, the element of hostility fails no matter how long it lasted. Paying taxes is not required, and nothing bars claims between neighbors in general.

Question 4: Under NY's 'indelible' right to counsel, when may a suspect in custody validly waive the right to counsel without a lawyer present?

Only after formal proceedings have commenced
Never, once counsel has entered the matter or formal proceedings have begun (Correct answer)
Whenever Miranda warnings are given and the waiver is knowing
Only if the waiver is in writing and notarized

Correct answer: Never, once counsel has entered the matter or formal proceedings have begun

Once the right to counsel indelibly attaches, a waiver is effective only if made in the presence of counsel (People v. Hobson; People v. Rogers).

Question 5: D, a New York resident, is stopped by police for a traffic infraction. The officer sees nothing suspicious but asks D to step out of the car and asks if there are any weapons or drugs in the vehicle, and D says no. The officer then asks for consent to search the car, and D refuses. The officer then holds D on the roadside for 25 minutes awaiting a drug-sniffing dog, solely on a hunch, and the dog alerts. Under federal and New York law, what is the most accurate assessment?

The search is valid because New York allows detention for up to 30 minutes for any investigation
The search is valid because a traffic stop gives police the authority to search the vehicle once the driver refuses consent
The search is valid because a dog sniff is not a search and may occur at any time
The stop was unlawfully prolonged beyond the time reasonably required to complete the traffic mission, so the evidence found is subject to suppression, as Rodriguez v. United States held that absent reasonable suspicion police may not extend a stop to conduct a dog sniff (Correct answer)

Correct answer: The stop was unlawfully prolonged beyond the time reasonably required to complete the traffic mission, so the evidence found is subject to suppression, as Rodriguez v. United States held that absent reasonable suspicion police may not extend a stop to conduct a dog sniff

Under Rodriguez v. United States, police may not prolong a traffic stop beyond the time reasonably needed to handle the traffic infraction in order to conduct a dog sniff without independent reasonable suspicion. New York is also protective, as shown in People v. Banks, which held that police may not prolong a stop to conduct a dog sniff without founded suspicion. Here the 25-minute hold was based on a hunch, so the evidence is the fruit of an unlawful detention and is subject to suppression.

Question 6: Under New York law, a party seeking to void a contract for mutual mistake must generally show that:

Both parties shared an erroneous belief about a material fact that existed at the time of contracting, and the risk of the mistake was not allocated to either party (Correct answer)
The mutual mistake resulted solely from ambiguous contract language
Both parties were mistaken about the future market value of the contract's subject matter
One party was mistaken and the other exploited that mistake to gain an advantage

Correct answer: Both parties shared an erroneous belief about a material fact that existed at the time of contracting, and the risk of the mistake was not allocated to either party

Mutual mistake in New York requires that both parties held a common, erroneous belief about a material existing fact (not a future event or market prediction), and that neither party expressly or impliedly assumed the risk of the mistake. Unilateral mistake, future uncertainty, or mere drafting ambiguity does not satisfy this standard.

Question 7: A defendant in a New York civil case fails to appear at a scheduled deposition without serving a valid objection. What is the most appropriate immediate remedy for the plaintiff under the CPLR?

File a contempt motion in the Appellate Division
Move to strike defendant's answer
Move for summary judgment immediately
Move to compel the deposition under CPLR 3124 (Correct answer)

Correct answer: Move to compel the deposition under CPLR 3124

CPLR 3124 allows a party to move to compel compliance with a discovery demand, including attendance at a deposition.

Question 8: Under New York EPTL 3-3.5, a will provision that penalizes a beneficiary for contesting the will is known as a(n):

No-contest clause
In terrorem clause
Both B and C (Correct answer)
Spendthrift clause

Correct answer: Both B and C

A no-contest clause (also called an in terrorem clause) forfeits a bequest if the beneficiary contests the will, and both terms are used interchangeably in New York law.

Question 9: Under New York law, what is the Child Support Standards Act (CSSA) formula for calculating basic child support?

A flat monthly amount set by the legislature
Each parent pays exactly half of documented child expenses
The court's discretion based solely on the child's expressed needs
A percentage of the combined parental income applied to the non-custodial parent's pro rata share (Correct answer)

Correct answer: A percentage of the combined parental income applied to the non-custodial parent's pro rata share

The CSSA (DRL § 240(1-b)) applies a percentage to combined parental income (17% for one child, up to 35% for five or more), then allocates the obligation based on each parent's pro rata share of income.

Question 10: A husband is on trial in New York for burglary. The People call his wife. She will testify that, while walking the dog at 2:00 a.m., she saw her husband run out of a neighbor's house carrying a television. He did not know she saw him, and they never discussed it. The husband invokes spousal privilege. Under New York law, the wife:

Is barred from testifying, because CPLR 4502(b) covers all knowledge one spouse gains about the other during the marriage
Is barred from testifying, because the husband holds a privilege to prevent his spouse from testifying against him in a criminal case
May refuse to testify against her husband, but cannot be prevented from testifying if she chooses to
Can be compelled to testify, because New York has no adverse spousal testimony privilege and her observation was not a confidential marital communication (Correct answer)

Correct answer: Can be compelled to testify, because New York has no adverse spousal testimony privilege and her observation was not a confidential marital communication

New York has no privilege that lets a spouse refuse to testify, or block a spouse from testifying, against the other. That privilege exists in federal court under Trammel. CPLR 4502(b) protects only confidential communications made during the marriage and induced by the marital relationship. The husband did not communicate anything to his wife or do anything in reliance on marital confidence. She observed him in public without his knowledge. Her testimony is therefore not privileged, and she can be compelled to give it.

Question 11: A New York lawyer represents a buyer in a contract dispute, and the seller has counsel. The buyer wants to meet the seller in person to discuss settlement and asks the lawyer to script talking points. Under New York Rule 4.2(b), what may the lawyer do?

Script the talking points, but only if the seller's lawyer consents in writing beforehand
Nothing. Scripting a client's talks with a represented party is always an indirect violation of the no-contact rule.
Script the talking points freely, because parties may always talk to each other directly and no notice is needed
Counsel the client and help prepare the communication, as long as the lawyer gives the seller's lawyer reasonable advance notice that the communication will happen (Correct answer)

Correct answer: Counsel the client and help prepare the communication, as long as the lawyer gives the seller's lawyer reasonable advance notice that the communication will happen

New York Rule 4.2(b) expressly lets a lawyer cause a client to communicate with a represented person and counsel the client about it, including preparing the communication, as long as the lawyer gives the other party's counsel reasonable advance notice that such communications will occur. Consent is not required. The lawyer may not simply script the talk without notice. This notice provision is specific to New York and is stricter than ABA Comment 4.

Question 12: In Neumeier v. Kuehner, what does Rule 3 provide when the parties to a tort action are domiciled in different states and the loss-allocating rules of those states conflict, with the accident occurring in a third state or in one of the parties' home states in a way not covered by Rule 2?

The law of the defendant's domicile applies because defendants should not be surprised by liability
The law of the plaintiff's domicile applies because tort law is designed to compensate
The law of the forum applies as a default in all cases
The law of the state of the accident normally applies, unless displacing it will advance the relevant substantive law purposes without impairing the smooth working of the multi-state system or producing great uncertainty for litigants (Correct answer)

Correct answer: The law of the state of the accident normally applies, unless displacing it will advance the relevant substantive law purposes without impairing the smooth working of the multi-state system or producing great uncertainty for litigants

Neumeier Rule 3 states that in other situations, the law of the place of the tort will normally apply, unless displacing it will advance the relevant substantive law purposes without impairing the smooth working of the multistate system or producing great uncertainty for litigants.

Question 13: At a private party, a host knowingly serves several beers to a 19-year-old guest. The guest later drives drunk and seriously injures a pedestrian. The host did not sell the alcohol. What is the pedestrian's best claim against the host?

A claim under GOL § 11-100, which makes a person who knowingly causes intoxication by unlawfully furnishing alcohol to someone they know or reasonably believe is under 21 liable to injured third parties (Correct answer)
Only a common-law negligence claim, because the statutory remedies apply only to licensed sellers of alcohol
No claim, because New York imposes no liability on social hosts who furnish alcohol without a sale
A claim under the Dram Shop Act (GOL § 11-101), which requires only that the guest was visibly intoxicated when served

Correct answer: A claim under GOL § 11-100, which makes a person who knowingly causes intoxication by unlawfully furnishing alcohol to someone they know or reasonably believe is under 21 liable to injured third parties

GOL § 11-101, the Dram Shop Act, requires an unlawful sale, so a social host who serves without selling is not liable under it. GOL § 11-100 fills that gap for underage drinkers. It creates a cause of action for anyone injured by an intoxicated person under 21 against whoever knowingly caused the intoxication by unlawfully furnishing alcohol, or assisting in obtaining it, while knowing or having reasonable cause to believe the person was under 21. A sale is not required. Social hosts who serve adult guests generally face no such liability, but the guest's age changes the result here.

Question 14: Under CPLR 3025(a), when may a party amend its pleading once without leave of court?

Within 60 days after joinder of issue
Only before any responsive pleading is served
At any time before the note of issue is filed
Within 20 days after serving it, before the time to respond to it expires, or within 20 days after service of a pleading responding to it (Correct answer)

Correct answer: Within 20 days after serving it, before the time to respond to it expires, or within 20 days after service of a pleading responding to it

CPLR 3025(a) allows one amendment as of course within any of those three windows, and later amendments need leave or a stipulation.

Question 15: Under GOL § 5-1103, New York eliminated the requirement of consideration for which type of agreement?

All contracts, whether written or oral
Only employment contracts
Written modifications and discharges of existing contracts (Correct answer)
Only contracts involving government entities

Correct answer: Written modifications and discharges of existing contracts

GOL § 5-1103 provides that a written agreement that modifies or discharges an existing obligation is not invalid for lack of consideration.

Question 16: Testator's will leaves 'the residue of my estate to my nephew Ned and my friend Fran, in equal shares.' The will has no survivorship or alternate-taker clause. Ned died before Testator, leaving a daughter, Dina. Testator is survived by Fran, Dina, and Testator's sister. Who takes the residue?

Testator's sister takes the entire residue, because a lapse in the residue causes intestacy
Fran and Testator's sister, half each, with Ned's half passing by intestacy
Fran and Dina, half each, because the anti-lapse statute substitutes Ned's issue
Fran takes the entire residue (Correct answer)

Correct answer: Fran takes the entire residue

New York's anti-lapse statute, EPTL 3-3.3, saves gifts only to the testator's issue or brothers and sisters. A nephew is neither, so Dina cannot take Ned's place and Ned's gift lapses. Under EPTL 3-3.4, when one residuary beneficiary's share lapses, it passes to the remaining residuary beneficiaries in proportion to their shares. It does not pass by intestacy. Fran therefore takes the whole residue.

Question 17: A drunk driver swerves onto a sidewalk, killing a 7-year-old child. Four people suffer severe, medically documented emotional distress from watching the crash. Under current New York law, which of them has the strongest claim for bystander emotional-distress damages?

The child's grandmother, who arrived at the scene minutes later and saw the child's injuries
The child's aunt, who was walking beside the child and narrowly escaped being struck herself
The child's mother, who watched from a third-floor apartment window across the street and was never in physical danger
The child's grandmother, who was holding the child's hand and narrowly escaped being struck herself (Correct answer)

Correct answer: The child's grandmother, who was holding the child's hand and narrowly escaped being struck herself

New York uses the zone-of-danger rule (Bovsun v. Sanperi). A bystander may recover for distress from watching the death or serious injury of an 'immediate family' member only if the bystander was personally in the zone of danger. In Greene v. Esplanade Venture Partnership (2021), the Court of Appeals extended 'immediate family' to include grandparents. The grandmother holding the child's hand meets both requirements. The mother was never in danger, and New York has not adopted California's Dillon v. Legg foreseeability test. An aunt is outside the immediate-family category. A grandmother who arrived after the crash was neither in the zone of danger nor a contemporaneous witness.

Question 18: Under FOIL (Public Officers Law 87(2)), an agency may deny access to records that:

Records that if disclosed would constitute an unwarranted invasion of personal privacy (Correct answer)
Records that are more than 10 years old
Records requested by non-residents of New York
Records that have already been published elsewhere

Correct answer: Records that if disclosed would constitute an unwarranted invasion of personal privacy

One of the enumerated FOIL exemptions allows denial of records whose disclosure would constitute an unwarranted invasion of personal privacy.

Question 19: Two members of a New York two-member LLC have a complete deadlock on every management decision. Which remedy is most likely available under New York law?

Appointment of a receiver only if the LLC is insolvent.
Mandatory arbitration ordered by the Department of State.
Judicial dissolution under NY LLC Law § 702 because it is not reasonably practicable to carry on business. (Correct answer)
Automatic dissolution by operation of law after 90 days of deadlock.

Correct answer: Judicial dissolution under NY LLC Law § 702 because it is not reasonably practicable to carry on business.

A complete and irresolvable deadlock between equal members renders it not reasonably practicable to carry on the LLC's business, satisfying the standard for judicial dissolution under NY LLC Law § 702.

Question 20: In New York, D is arraigned on a felony complaint and is released on his own recognizance. The next day, an officer, unaware that D has retained an attorney who has communicated with the District Attorney's office about the pending case, questions D at his home and obtains an incriminating statement about the charged crime after D waives Miranda rights. Under New York law, what is the result?

The statement is admissible because the officer did not know of the attorney's representation
The statement is admissible because D was not in custody and validly waived Miranda
The statement is suppressed because under the New York indelible right to counsel rule, once counsel has entered the proceeding, a waiver of counsel in counsel's absence is ineffective (Correct answer)
The statement is admissible because the right to counsel attaches only at the preliminary hearing

Correct answer: The statement is suppressed because under the New York indelible right to counsel rule, once counsel has entered the proceeding, a waiver of counsel in counsel's absence is ineffective

New York's indelible right to counsel (People v. Arthur, People v. Rogers, People v. Bing) provides that once the right to counsel has attached through formal proceedings such as arraignment or once an attorney has entered the matter, police may not question the defendant about the matter in counsel's absence, and a waiver is ineffective unless made in counsel's presence. Under Rogers, police knowledge of counsel's entry is imputed. Custody is irrelevant to this state-law rule.

Question 21: Under New York's choice-of-law approach to statutes of limitations in CPLR 202, a nonresident plaintiff sues in New York on a cause of action that accrued outside New York. Which rule applies?

Only the limitation period of the state where the claim accrued applies
The action is timely if it is within the longer of the two limitation periods
The action must be timely under both New York's limitation period and that of the place where the cause of action accrued (Correct answer)
Only the New York limitation period applies, regardless of where the claim accrued

Correct answer: The action must be timely under both New York's limitation period and that of the place where the cause of action accrued

CPLR 202, the borrowing statute, requires that when a nonresident sues on a cause of action accruing outside New York, the claim must be timely under both New York's limitations period and the period of the place of accrual. This prevents forum shopping to take advantage of a longer New York period. For economic injury, courts treat the cause of action as accruing where the plaintiff resides and sustains the economic impact.

Question 22: A New York court orders a parent to pay child support. The obligor parent later becomes voluntarily unemployed. How will the court likely treat the obligor's income for support purposes?

The court will impute income based on earning capacity (Correct answer)
Support is automatically suspended during unemployment
Support is recalculated using only actual unemployment benefits
The other parent must absorb the full support obligation

Correct answer: The court will impute income based on earning capacity

New York courts may impute income to a voluntarily unemployed or underemployed parent based on that parent's earning capacity to prevent support evasion.

Question 23: Under New York law, which of the following best describes 'loss of consortium'?

Compensation for the plaintiff's own pain and suffering
A claim for the injured party's lost wages
A claim available only in wrongful death actions
A derivative claim by a spouse for loss of companionship, services, and society due to the other spouse's injuries (Correct answer)

Correct answer: A derivative claim by a spouse for loss of companionship, services, and society due to the other spouse's injuries

Loss of consortium is a derivative claim by a spouse for deprivation of companionship, services, and society caused by the tortfeasor's negligent injury to the other spouse.

Question 24: An attorney represents a corporate client and learns during the representation that a mid-level manager is committing fraud that will harm investors. The manager refuses to stop. Under the NY Rules of Professional Conduct, what must the attorney do first?

Refer the matter to higher authority within the corporation (Correct answer)
Withdraw from representation without explanation
Immediately report the fraud to the SEC
Disclose the fraud to the affected investors

Correct answer: Refer the matter to higher authority within the corporation

Under NY RPC 1.13, when an attorney knows a constituent is acting illegally and the organization may be harmed, the attorney must refer the matter up the corporate chain before taking external action.

Question 25: Under DRL § 230, which of the following independently satisfies New York's residency requirement to maintain a divorce action?

One spouse is a current New York resident at the time of filing with no durational requirement
One spouse has been a New York resident for at least six months immediately preceding the filing
Both spouses must have been New York residents for at least two years before filing
The parties were married in New York and at least one spouse has been a continuous resident for one year preceding the action (Correct answer)

Correct answer: The parties were married in New York and at least one spouse has been a continuous resident for one year preceding the action

DRL § 230 sets out several independent jurisdictional bases. One is that the parties were married in New York and at least one spouse has been a continuous New York resident for one year prior to commencement of the action. A two-year continuous residency by either party is a separate, alternative basis.

Question 26: Under the New York CPLR, which of the following is NOT a recognized exception to the hearsay rule?

Present sense impression
Dying declaration
Character evidence of victim (Correct answer)
Business records

Correct answer: Character evidence of victim

Character evidence of a victim is not a hearsay exception; dying declarations, business records, and present sense impressions are all recognized hearsay exceptions.

Question 27: Under New York law, on what grounds may a will be contested?

Contests are not permitted in New York
Only if the will was not notarized
Only if a closer relative was omitted from the will
Lack of testamentary capacity, undue influence, fraud, improper execution, or revocation (Correct answer)

Correct answer: Lack of testamentary capacity, undue influence, fraud, improper execution, or revocation

A will may be contested on grounds including lack of testamentary capacity, undue influence, fraud, duress, improper execution (failure to comply with EPTL 3-2.1), and prior revocation.

Question 28: Under the New York Criminal Procedure Law (CPL), what is the standard for issuing an arrest warrant?

Clear and convincing evidence of guilt
Reasonable cause to believe the defendant committed the offense (Correct answer)
Proof beyond a reasonable doubt
A preponderance of the evidence

Correct answer: Reasonable cause to believe the defendant committed the offense

Under CPL § 120.20, a court may issue an arrest warrant upon reasonable cause to believe the defendant committed the offense charged.

Question 29: When examining agency conclusions about facts reached in the absence of a formal adjudicatory process, the court has to decide if the conclusion was arbitrary and capricious or had a _________ basis.

Rational (Correct answer)
Significant
Wide
Narrow

Correct answer: Rational

Under the arbitrary and capricious standard of review, a court asks whether the agency's conclusion had a rational basis — a logical, reasonable connection between the evidence and the decision reached. 'Rational' is the precise legal term used in administrative law; 'wide,' 'significant,' and 'narrow' are not recognized standards in this context. A decision lacking a rational basis is deemed arbitrary and capricious and subject to being overturned.

Question 30: In a New York partnership, Partner A commits a tort while acting within the ordinary course of the partnership's business. Partner B had no knowledge of and did not participate in the tort. Under NY Partnership Law, Partner B is:

Liable only up to the value of her partnership interest.
Liable only if she was a managing partner with supervisory authority over Partner A.
Not liable because she lacked knowledge and participation.
Jointly and severally liable for the full amount of the tort judgment. (Correct answer)

Correct answer: Jointly and severally liable for the full amount of the tort judgment.

Under NY Partnership Law § 24, each partner is jointly and severally liable for all loss or injury caused by any partner's wrongful act in the ordinary course of partnership business, regardless of personal knowledge.

Question 31: Under New York RPC 8.4, which of the following constitutes professional misconduct?

Charging a fee lower than the customary rate
Declining to take a case due to scheduling conflicts
Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (Correct answer)
Representing an unpopular client

Correct answer: Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation

RPC 8.4(c) defines professional misconduct as engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, whether or not related to the practice of law.

Question 32: In a New York strict products liability action based on design defect, the plaintiff must prove that a reasonable alternative design existed. This requirement reflects which test?

The negligence per se test
The risk-utility test (Correct answer)
The res ipsa test
The consumer expectations test

Correct answer: The risk-utility test

New York uses the risk-utility test for design defect claims, which requires showing that a reasonable alternative design would have reduced the risk without excessive cost or loss of utility.

Question 33: A general contractor signs a detailed, fully integrated written contract with a homeowner for a kitchen remodel. During negotiations, the contractor orally promised to use a specific high-end brand of Italian marble for the countertops. The final written contract, however, simply specifies 'high-quality marble countertops' without naming a brand. The contractor installs a different, non-Italian brand of high-quality marble. Which principle will most likely prevent the homeowner from introducing evidence of the contractor's oral promise in a breach of contract lawsuit?

The parol evidence rule (Correct answer)
The doctrine of substantial performance
The doctrine of unconscionability
The Statute of Frauds

Correct answer: The parol evidence rule

The parol evidence rule bars the admission of extrinsic evidence of prior or contemporaneous oral agreements that would vary, modify, or contradict the terms of a written contract that is intended to be the complete and final expression (i.e., 'fully integrated') of the parties' agreement. Because the written contract was fully integrated and did not contain the specific brand promise, the homeowner would be barred from introducing evidence of the prior oral promise to alter the written terms.

Question 34: In a New York action, a contract between a New York seller and a Delaware buyer for goods contains a clause stating that Delaware law governs. The contract has no other connection to Delaware beyond the buyer's incorporation there, and the transaction is valued at $350,000. Under New York General Obligations Law § 5-1401, what is the most accurate statement regarding enforcement of the choice-of-law clause?

The clause is enforceable only if the transaction bears a reasonable relationship to Delaware
The clause is enforceable only if Delaware is also the chosen forum under § 5-1402
The clause is automatically void because the seller is a New York party
The clause is enforceable regardless of whether the contract bears a reasonable relation to New York, only if the transaction is at least $250,000, but § 5-1401 applies to New York law choices, so a Delaware choice is tested under common-law principles (Correct answer)

Correct answer: The clause is enforceable regardless of whether the contract bears a reasonable relation to New York, only if the transaction is at least $250,000, but § 5-1401 applies to New York law choices, so a Delaware choice is tested under common-law principles

GOL § 5-1401 permits parties to choose New York law in transactions of $250,000 or more regardless of any reasonable relationship to New York. It does not validate a choice of another state's law. A Delaware choice is therefore tested under common-law principles (Welsbach, Ministers & Missionaries Benefit Board v. Snow), which look to a reasonable relationship such as the buyer's incorporation in Delaware, and generally honor the choice absent a contrary fundamental policy.

Question 35: In 2024, two New York tenants abandon their premises with 18 months left on their leases, in breach of the leases. One rents an apartment and the other rents a retail store. In each case the landlord refuses reasonable replacement tenants, leaves the space empty, and sues for all remaining rent. How should the court rule?

The apartment landlord's recovery is reduced by what reasonable mitigation would have produced. The retail landlord may recover in full, because commercial landlords generally have no duty to mitigate (Correct answer)
The retail landlord's recovery is reduced, but the apartment landlord recovers in full, because residential leases are construed for landlords
Both landlords recover in full, because New York has never required landlords to mitigate
Both landlords' recoveries are reduced, because the 2019 reforms imposed a duty to mitigate on all landlords

Correct answer: The apartment landlord's recovery is reduced by what reasonable mitigation would have produced. The retail landlord may recover in full, because commercial landlords generally have no duty to mitigate

The Housing Stability and Tenant Protection Act of 2019 added RPL § 227-e. It requires residential landlords to make reasonable efforts to re-rent at fair market value when a tenant vacates in breach, and the landlord bears the burden of proving mitigation. Any lease provision waiving this duty is void. The statute does not reach commercial leases. For those, the rule from Holy Properties v. Kenneth Cole still applies: the landlord has no duty to mitigate and may recover rent as it comes due under the lease.

Question 36: Under NY RPC 7.1 (22 NYCRR Part 1200), which of the following statements about attorney advertisements is correct?

Attorneys are exempt from advertising restrictions when communicating solely with existing clients
Certain attorney advertisements must be labeled 'Attorney Advertising' as required by RPC 7.1(f) (Correct answer)
Attorneys may guarantee favorable outcomes in advertisements provided the guarantee is in writing
Attorney advertising through digital or social media platforms is categorically prohibited

Correct answer: Certain attorney advertisements must be labeled 'Attorney Advertising' as required by RPC 7.1(f)

NY RPC 7.1(f) requires that all advertisements, with limited exceptions, be labeled 'Attorney Advertising' on the first page or in the first or last 'screen' of any computer-accessed communication. Advertisements may not be false, deceptive or misleading (RPC 7.1(a)), which includes guarantees of results. Digital and social media advertising is permitted subject to the same rules.

Question 37: Immediately after witnessing a car accident, a bystander calls 911 and states, 'A blue sedan just ran the red light and hit a cyclist!' In New York, for this statement to be admitted into evidence under the 'present sense impression' exception to the hearsay rule, what additional element is required that is not typically required for an 'excited utterance'?

The statement must relate to a startling or upsetting event.
The statement must be made while the declarant is still under the stress of excitement.
There must be some independent evidence to corroborate the statement. (Correct answer)
The declarant must be identified and available to testify.

Correct answer: There must be some independent evidence to corroborate the statement.

While both the present sense impression and excited utterance exceptions require spontaneity, New York courts have added a specific requirement for present sense impressions: there must be some independent corroborating evidence to support the accuracy and contemporaneity of the statement. This is a key distinction from the excited utterance exception, which relies on the startling nature of the event to ensure reliability without a corroboration requirement.

Question 38: A magazine uses a private citizen's photo, without consent, in an advertisement for a dietary supplement. What is the citizen's best claim under NY law?

Intentional infliction of emotional distress only, since NY has no privacy remedy
A federal §1983 claim
Common-law invasion of privacy (false light)
Civil Rights Law §§50-51 misappropriation for advertising or trade purposes (Correct answer)

Correct answer: Civil Rights Law §§50-51 misappropriation for advertising or trade purposes

NY recognizes no common-law right of privacy, so commercial use of a person's name or likeness without written consent is actionable only under Civil Rights Law §§50-51.

Question 39: Under Article V, §7 of the New York Constitution, membership in a state or local public pension system is treated as:

A property interest protected only by procedural due process
A contractual relationship whose benefits may not be diminished or impaired (Correct answer)
A gratuity that the Legislature may reduce at any time
A vested right only after 20 years of service

Correct answer: A contractual relationship whose benefits may not be diminished or impaired

The pension non-impairment clause makes membership a contractual relationship, so benefits cannot be diminished or impaired.

Question 40: A Delaware company and a Texas company sign a $500,000 supply contract that states New York law governs. The contract has no connection to New York. The Texas company later argues that the clause is unenforceable for lack of a reasonable relation to New York. Is the clause enforceable?

Yes, but only if the contract was signed in New York
Yes, under General Obligations Law 5-1401, which allows the choice whether or not the contract bears a reasonable relation to New York (Correct answer)
No, because the contract must be for at least $1,000,000
No, because a choice of New York law requires a reasonable relation to New York

Correct answer: Yes, under General Obligations Law 5-1401, which allows the choice whether or not the contract bears a reasonable relation to New York

GOL 5-1401 lets the parties to a contract covering at least $250,000 agree that New York law governs, whether or not the contract bears a reasonable relation to New York.

Question 41: A married couple purchases a home in Queens, and the deed conveys the property to them as husband and wife. A few years later, a creditor obtains a significant money judgment solely against the husband. What is the creditor's most likely recourse against the house?

The creditor can enforce the judgment only against the husband's interest, subject to the wife's right of survivorship, and cannot force partition and sale of the entire property while the couple remains married. (Correct answer)
The creditor can force a partition and sale of the entire property to satisfy the debt.
The creditor has no rights against the property whatsoever because property held by the entirety is completely immune from the debts of one spouse.
The tenancy by the entirety is automatically severed, converting it to a tenancy in common, allowing the creditor to seize the husband's 50% share.

Correct answer: The creditor can enforce the judgment only against the husband's interest, subject to the wife's right of survivorship, and cannot force partition and sale of the entire property while the couple remains married.

Under EPTL 6-2.2(b) a conveyance to spouses creates a tenancy by the entirety. A judgment creditor of one spouse reaches only that spouse's interest, which remains subject to the other spouse's right of survivorship, and cannot compel partition of the whole property or defeat the non-debtor spouse's rights during the marriage.

Question 42: In New York, the physician-patient privilege applies to communications made for the purpose of:

Any conversation between a doctor and patient
Consulting with a physician hired by the opposing party
Discussing medical bills and insurance
Obtaining medical advice or treatment (Correct answer)

Correct answer: Obtaining medical advice or treatment

The physician-patient privilege in New York applies to confidential communications made in the course of obtaining medical advice or treatment.

Question 43: Under New York's De Bour/Hollman framework, an officer with no particular suspicion approaches a pedestrian standing near a bus terminal. The officer asks, 'Are you carrying any drugs or weapons?' What level of intrusion is this, and what justification does it require?

Level one, a request for information. It requires only an objective, credible reason, which need not suggest criminality
Level three, a forcible stop. It requires reasonable suspicion that the person has committed, is committing, or is about to commit a crime
It is not a seizure at all, because a reasonable person would feel free to leave, so no justification is needed
Level two, the common-law right of inquiry. It requires a founded suspicion that criminality is afoot (Correct answer)

Correct answer: Level two, the common-law right of inquiry. It requires a founded suspicion that criminality is afoot

In People v. Hollman (1992), the Court of Appeals held that once an officer asks pointed questions suggesting the person is suspected of wrongdoing, such as asking whether they are carrying drugs, the encounter is no longer a level-one request for information. It becomes a level-two common-law inquiry, which requires a founded suspicion that criminality is afoot. New York's framework gives more protection than the federal 'free to leave' seizure test, so choice D states the federal view, not New York law.

Question 44: A New York court must determine whether expert testimony is admissible. The applicable standard is:

Whether the expert holds a professional license
Reliability as determined solely by the judge
The Frye general acceptance standard (Correct answer)
The Daubert standard adopted from federal courts

Correct answer: The Frye general acceptance standard

New York applies the Frye standard, requiring that expert testimony be based on a methodology generally accepted in the relevant scientific community.

Question 45: Under New York's Partnership Law, which type of partner in a limited partnership has personal liability for partnership debts?

Limited partners
Neither; the partnership entity alone is liable
Both general and limited partners equally
General partners (Correct answer)

Correct answer: General partners

In a limited partnership, general partners have unlimited personal liability for partnership debts, while limited partners' liability is limited to their investment.

Question 46: A New York corporation's board adopts a poison pill (shareholder rights plan) without shareholder approval to defend against a hostile takeover. Under New York law, the pill is:

Per se invalid because shareholder approval is required for any anti-takeover measure.
Presumptively valid as a board-authorized measure reviewed under the business judgment rule. (Correct answer)
Automatically invalidated by BCL § 505 which prohibits discriminatory share issuances.
Valid only if the target corporation is incorporated in Delaware.

Correct answer: Presumptively valid as a board-authorized measure reviewed under the business judgment rule.

New York courts apply the business judgment rule to board-adopted rights plans, presuming validity when directors acted in good faith to protect the corporation from a perceived threat.

Question 47: Under New York's felony murder rule (PL § 125.25(3)), which underlying felony does NOT qualify as a predicate felony?

Robbery
Arson
Assault in the third degree (Correct answer)
Burglary

Correct answer: Assault in the third degree

Felony murder predicates are enumerated offenses including robbery, burglary, kidnapping, arson, rape, and escape; assault in the third degree is not among them.

Question 48: The statute of limitations for a proceeding against a body or officer is _________ after the decision to review becomes final and binding on the petitioner, unless otherwise permitted by law.

Three Months
One Year
Four Months (Correct answer)
Thirty Days

Correct answer: Four Months

CPLR 217 sets a four-month statute of limitations for commencing an Article 78 proceeding to challenge a final administrative determination. This relatively short window reflects the policy of providing finality and certainty to agency decisions. One year, thirty days, and three months are all incorrect — confusing this deadline with other limitations periods is a common error on the NYLE.

Question 49: Under New York RPC 1.8, what restriction applies to business transactions between an attorney and client?

The attorney must merely verbally inform the client of the terms
The transaction must be fair, the terms must be fully disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed consent in writing (Correct answer)
Business transactions with clients are absolutely prohibited
No restrictions apply as long as the transaction is at market rate

Correct answer: The transaction must be fair, the terms must be fully disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed consent in writing

RPC 1.8(a) permits attorney-client business transactions only if the terms are fair and reasonable, fully disclosed in writing in a manner understandable to the client, the client is advised to seek independent counsel, and the client gives informed consent in a signed writing.

Question 50: Under New York Family Court Act, what types of proceedings may be brought in Family Court?

Custody, support, paternity, family offenses, juvenile delinquency, PINS, and child protective proceedings (Correct answer)
Only criminal domestic violence cases
Only adoption proceedings
Only divorce and dissolution proceedings

Correct answer: Custody, support, paternity, family offenses, juvenile delinquency, PINS, and child protective proceedings

New York Family Court has jurisdiction over custody, visitation, child and spousal support, paternity, family offenses, juvenile delinquency, PINS (Person in Need of Supervision), child protective proceedings, and adoption.

Question 51: Under New York law, what are the elements of a valid mortgage, and when is recording important?

Only a verbal promise to repay a loan secured by property
Registration with the Department of Financial Services
A debt obligation and a written mortgage instrument signed by the borrower that identifies the property; recording is not required for validity but protects priority against subsequent purchasers and creditors (Correct answer)
A deed transferring ownership to the lender

Correct answer: A debt obligation and a written mortgage instrument signed by the borrower that identifies the property; recording is not required for validity but protects priority against subsequent purchasers and creditors

A valid mortgage requires an underlying debt obligation and a written instrument signed by the mortgagor that describes the property pledged (GOL 5-703). Recording is not an element of validity, but it protects the mortgagee's priority against subsequent purchasers and lienors (RPL 291).

NYLE — New York Law Exam

The NYLE is a 50-question, 2-hour open-book exam testing knowledge of New York-specific law across 12 subject areas, required for admission to the New York Bar.

Questions

120 min

Time Limit

60%

To Pass

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These practice questions were written with AI tools. They are not real exam questions. Exam facts are checked against the official sources listed below. Not reviewed by a subject-matter expert. Editorial policy

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