NYLE Civil Practice & Procedure 4

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?

Accepted Answer

40

Answer

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?

Accepted Answer

Whether there is prejudice to the opposing party that cannot be cured

Answer

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?

Accepted Answer

Long-arm jurisdiction under CPLR 302

Answer

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?

Accepted Answer

The demand is unreasonably burdensome or seeks privileged material

Answer

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?

Accepted Answer

20 days

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Civil Practice & Procedure 4