NYLE Civil Practice & Procedure 4 — Questions and Answers
Question 1: Under CPLR 901, a class action may be maintained if the class is so numerous that joinder is impracticable. New York courts generally look for at least how many class members to satisfy this numerosity requirement?
- 10
- 25
- 40 (Correct answer)
- 100
Correct answer: 40
New York courts generally find numerosity satisfied when a class has approximately 40 or more members, though no bright-line rule exists.
Question 2: Under CPLR 3025(b), a party may amend a pleading at any time by leave of court. Courts apply which standard when deciding whether to grant leave?
- Whether the amendment is meritorious beyond a reasonable doubt
- Whether there is prejudice to the opposing party that cannot be cured (Correct answer)
- Whether the amendment is supported by clear and convincing evidence
- Whether the original pleading contained a fatal defect
Correct answer: Whether there is prejudice to the opposing party that cannot be cured
Leave to amend is freely given unless the opposing party would suffer prejudice or surprise that cannot be cured by a continuance.
Question 3: In New York, a defendant who has been personally served outside the state but within the United States is subject to the court's jurisdiction under which theory?
- Long-arm jurisdiction under CPLR 302 (Correct answer)
- Transient jurisdiction if served in New York
- Consent jurisdiction if defendant answered
- Quasi in rem jurisdiction over property in the state
Correct answer: Long-arm jurisdiction under CPLR 302
CPLR 302 (long-arm statute) permits jurisdiction over a non-resident defendant for acts arising out of specific contacts with New York, not merely service outside New York.
Question 4: Under CPLR 3103, a court may issue a protective order limiting disclosure. Which of the following is a recognized ground for such an order?
- The requesting party has not paid its discovery costs
- The demand is unreasonably burdensome or seeks privileged material (Correct answer)
- The opposing party has more resources to bear disclosure costs
- The case has not been on the calendar for 60 days
Correct answer: The demand is unreasonably burdensome or seeks privileged material
CPLR 3103 allows protective orders to prevent unreasonable annoyance, expense, embarrassment, or prejudice, including demands for privileged information.
Question 5: Under CPLR 7503, a party seeking to compel arbitration must apply to the court within what time period after service of a notice of intention to arbitrate?
- 10 days
- 20 days (Correct answer)
- 30 days
- 60 days
Correct answer: 20 days
CPLR 7503(c) provides that a party must move to stay arbitration within 20 days of service of the notice of intention to arbitrate, or the right to object is waived.
Question 6: In New York, which party bears the burden of proof on a motion for a preliminary injunction?
- The defendant, who must show no irreparable harm will result
- The plaintiff, who must show likelihood of success, irreparable harm, and balance of equities (Correct answer)
- The court applies a neutral balancing test without a burden
- Neither party; the court issues notice and holds a hearing
Correct answer: The plaintiff, who must show likelihood of success, irreparable harm, and balance of equities
To obtain a preliminary injunction, the moving party must demonstrate a likelihood of success on the merits, irreparable injury absent the injunction, and a balance of equities in its favor.
Question 7: Under CPLR 3404, if a case has been marked off the calendar or struck from the calendar and has not been restored within what period, it is deemed abandoned and shall be dismissed?
- 6 months
- 1 year (Correct answer)
- 2 years
- 3 years
Correct answer: 1 year
CPLR 3404 provides that a case that has been marked off or struck from the calendar and is not restored within one year is deemed abandoned and dismissed.
NYLE Civil Practice & Procedure 4
Under CPLR 901, a class action may be maintained if the class is so numerous that joinder is impracticable.
New York courts generally look for at least how many class members to satisfy this numerosity requirement?