NYLE Civil Practice & Procedure 2

Question 1

Under CPLR 3212, a motion for summary judgment must be made no later than how many days after the filing of the note of issue, unless the court sets a different deadline?

Accepted Answer

120 days

Answer

CPLR 3212(a) requires a summary judgment motion to be made no later than 120 days after the filing of the note of issue.

Question 2

In New York, which doctrine allows a court to dismiss an action where the plaintiff has an adequate remedy at law and no equitable grounds exist for relief?

Accepted Answer

Adequate remedy at law bar

Answer

Equity courts will not grant equitable relief when the plaintiff has a complete and adequate remedy at law.

Question 3

Under CPLR 4518, a business record is admissible as an exception to the hearsay rule if it was made in the regular course of business and it was the regular course of business to make it. Who must lay this foundation?

Accepted Answer

A custodian or other qualified witness

Answer

A custodian or other qualified witness familiar with the record-keeping practices can authenticate a business record under CPLR 4518.

Question 4

A plaintiff files suit in Supreme Court, New York County. Defendant timely demands a change of venue to the county of defendant's residence. Under CPLR 511, within how many days of service of the demand must the plaintiff consent or the defendant move to change venue?

Accepted Answer

15 days

Answer

Under CPLR 511(b), if the plaintiff does not consent within 5 days of demand, the defendant must move to change venue within 15 days after service of the demand.

Question 5

Under CPLR 3016, a complaint alleging fraud must state the circumstances constituting the wrong with what level of specificity?

Accepted Answer

Particularity as to each element

Answer

CPLR 3016(b) requires that fraud be pleaded with particularity, detailing the specific circumstances of the alleged wrongdoing.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Civil Practice & Procedure 2