Civil Procedure Flashcards

Under the CPLR, what is the general statute of limitations for breach of contract actions in New York?

Answer: Six years

CPLR 213(2) provides a six-year statute of limitations for breach of contract actions.

In New York, personal jurisdiction over a non-domiciliary may be obtained under CPLR 302(a)(1) when the defendant does what?

Answer: Transacts any business within the state and the claim arises from that transaction

CPLR 302(a)(1) is New York's long-arm statute provision for transacting business. The cause of action must arise from the business transacted in New York.

Under the CPLR, which method of service of the summons is the preferred, primary method?

Answer: Personal delivery to the defendant

CPLR 308(1) provides that personal delivery of the summons to the defendant within the state is the primary method of service; substituted methods (308(2), (4), (5)) are available only if personal delivery cannot be made with due diligence or as the court directs. Note that an action is commenced by filing (CPLR 304), not by service.

What is the time limit to serve a summons and complaint after filing in New York Supreme Court?

Answer: 120 days after filing

CPLR 306-b requires service of the summons and complaint within 120 days after filing.

In New York, a defendant's time to answer a complaint after personal service is:

Answer: 20 days

Under CPLR 320(a), a defendant served by personal delivery must appear within 20 days of service.

Under the CPLR, a motion for summary judgment must generally be made no later than when?

Answer: 120 days after the filing of the note of issue

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.