NYLE Civil Practice & Procedure 5 — Questions and Answers
Question 1: Under CPLR 4545, in a personal injury action, collateral source payments received by the plaintiff from certain sources must be offset against the damages award. Which of the following is typically subject to this offset?
- Payments made by the defendant
- Payments from plaintiff's own life insurance funded solely by plaintiff
- Payments from Social Security disability benefits (Correct answer)
- Payments from a workers' compensation carrier with a lien
Correct answer: Payments from Social Security disability benefits
CPLR 4545 requires that certain collateral source payments, including Social Security disability benefits, be offset against economic damages awards.
Question 2: Under CPLR 5513, the time to appeal from an order or judgment as of right to the Appellate Division is how many days from service of a copy of the order or judgment with written notice of its entry?
- 20 days
- 30 days
- 60 days (Correct answer)
- 90 days
Correct answer: 60 days
CPLR 5513(a) provides a 30-day period to appeal as of right, but when notice of entry has been served, the period is 30 days from that service; however, the standard answer tested is 30 days.
Question 3: A New York trial court issues a temporary restraining order (TRO) ex parte under CPLR 6313. Without consent of the restrained party, how long may a TRO remain in effect before a hearing must be held?
- 3 days
- 7 days
- 10 days (Correct answer)
- 14 days
Correct answer: 10 days
Under CPLR 6313(a), a TRO granted without notice may remain in effect for no more than 10 days without a hearing, unless extended by the court for good cause.
Question 4: Under CPLR 3101(b), the work-product doctrine in New York protects documents prepared by an attorney. What is the scope of this protection?
- It is a qualified privilege that can be overcome by substantial need
- It is an absolute privilege for attorney mental impressions and legal strategies (Correct answer)
- It protects only documents prepared in anticipation of litigation
- It applies equally to all documents created by any party
Correct answer: It is an absolute privilege for attorney mental impressions and legal strategies
CPLR 3101(c) grants an absolute privilege to the attorney's work product—mental impressions, conclusions, and legal strategies—which cannot be overcome by any showing of need.
Question 5: Under CPLR 308, personal service upon a natural person in New York may be made by leaving the summons with a person of suitable age and discretion at the defendant's dwelling and mailing a copy to defendant's last known address. This method is known as what?
- Nail and mail service
- Substitute service (Correct answer)
- Conspicuous place service
- Disclosure service
Correct answer: Substitute service
CPLR 308(2) describes substitute service: leaving the summons with a person of suitable age and discretion at the defendant's residence or place of business and mailing a copy.
Question 6: In a New York civil case, interrogatories served on a party must be answered within what time period under CPLR 3133?
- 10 days
- 15 days
- 20 days
- 30 days (Correct answer)
Correct answer: 30 days
CPLR 3133 requires that interrogatories be answered within 20 days of service; however, the standard default period for most discovery responses under CPLR 3122 is 20 days, while responses to notices for discovery are 20 days — interrogatories under 3133 are answered within 20 days.
Question 7: Under CPLR 3217, a plaintiff may discontinue an action without a court order at any time before a responsive pleading is served. After a responsive pleading has been served, how may the plaintiff discontinue?
- By filing a notice of discontinuance without leave
- Only by stipulation of all parties or by court order (Correct answer)
- By serving a notice of withdrawal on all parties
- Only upon payment of defendant's costs and fees
Correct answer: Only by stipulation of all parties or by court order
After a responsive pleading is served, CPLR 3217(b) requires either a stipulation signed by all parties or a court order to discontinue the action.
NYLE Civil Practice & Procedure 5
Under CPLR 4545, in a personal injury action, collateral source payments received by the plaintiff from certain sources must be offset against the damages award.
Which of the following is typically subject to this offset?