NYLE Civil Practice & Procedure 3

Question 1

Under CPLR 5015, a court may relieve a party from a judgment on the ground of excusable default. A motion on this ground must be made within what time period?

Accepted Answer

A reasonable time not to exceed 1 year

Answer

CPLR 5015(a)(1) requires a motion to vacate for excusable default to be made within one year after service of a copy of the judgment with notice of entry.

Question 2

In a New York civil action, which of the following is a proper ground for a CPLR 3211(a) pre-answer motion to dismiss?

Accepted Answer

Failure to state a cause of action

Answer

CPLR 3211(a)(7) allows dismissal for failure to state a cause of action, accepting all pleaded facts as true.

Question 3

Under CPLR 4101, the right to a jury trial in a New York civil action is preserved for issues of fact in which type of action?

Accepted Answer

Actions to recover a sum of money only

Answer

Under CPLR 4101, the right to jury trial is available in actions to recover a sum of money; purely equitable actions are tried by the court.

Question 4

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?

Accepted Answer

Move to compel the deposition under CPLR 3124

Answer

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

Question 5

Under CPLR 2004, a court may extend the time for a party to do an act if the application is made before the time has expired. If the time has already expired, what showing is generally required?

Accepted Answer

Excusable neglect

Answer

After expiration of a deadline, courts applying CPLR 2004 typically require a showing of excusable neglect or other sufficient cause.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Civil Practice & Procedure 3