NYLE Civil Procedure 2 — Questions and Answers
Question 1: Under the CPLR, what is the general statute of limitations for breach of contract actions in New York?
- Six years (Correct answer)
- Three years
- Four years
- Two years
Correct answer: Six years
CPLR 213(2) provides a six-year statute of limitations for breach of contract actions.
Under CPLR 213(2), actions based upon a contractual obligation or liability have a six-year statute of limitations. This applies to both written and oral contracts. The period runs from the date of the breach, not from the date of discovery. This is distinct from the three-year period for personal injury (CPLR 214) and the UCC's four-year period for sales contracts (UCC 2-725).
Question 2: In New York, personal jurisdiction over a non-domiciliary may be obtained under CPLR 302(a)(1) when the defendant does what?
- Transacts any business within the state and the claim arises from that transaction (Correct answer)
- Has any contact whatsoever with a New York resident
- Owns any personal property located in New York
- Has visited New York at any time in the preceding year
Correct answer: Transacts any business within the state and the claim arises from that transaction
CPLR 302(a)(1) is New York's long-arm statute provision for transacting business. The cause of action must arise from the business transacted in New York.
CPLR 302(a)(1) confers long-arm jurisdiction when a non-domiciliary transacts any business within New York, provided the cause of action arises from that transaction. Courts apply a two-part test: (1) did the defendant purposefully avail itself of the privilege of conducting activities in New York, and (2) is there a substantial relationship between the transaction and the claim. Even a single transaction can suffice if it is purposeful and substantially related to the claim.
Question 3: Under the CPLR, which method of service is generally considered the preferred method for commencing an action?
- Personal delivery to the defendant (Correct answer)
- Service by publication in a newspaper
- Service by mail alone
- Leaving papers at the defendant's workplace with any employee
Correct answer: Personal delivery to the defendant
CPLR 308(1) provides that personal delivery of the summons and complaint to the defendant is the primary and preferred method of service.
Under CPLR 308(1), personal service by delivering the summons and complaint directly to the person to be served is the primary method. CPLR 308(2) allows substituted service (leave and mail) as an alternative. CPLR 308(4) permits nail-and-mail service when other methods cannot be made with due diligence. CPLR 308(5) allows service by court order in any manner. Service by publication requires court authorization and is a last resort.
Question 4: What is the time limit to serve a summons and complaint after filing in New York Supreme Court?
- 120 days after filing (Correct answer)
- 90 days after filing
- 60 days after filing
- 30 days after filing
Correct answer: 120 days after filing
CPLR 306-b requires service of the summons and complaint within 120 days after filing.
Under CPLR 306-b, service of the summons and pleading must be made within 120 days after commencement of the action (filing). If service is not made within this period, the court shall dismiss the action without prejudice or, upon good cause shown or in the interest of justice, extend the time for service. The court has broad discretion to grant extensions under either the good cause or interest of justice standard.
Question 5: In New York, a defendant's time to answer a complaint after personal service is:
- 20 days (Correct answer)
- 10 days
- 30 days
- 60 days
Correct answer: 20 days
Under CPLR 320(a), a defendant served by personal delivery must appear within 20 days of service.
CPLR 320(a) requires a defendant to serve an answer within 20 days after service of the summons when served by personal delivery under CPLR 308(1). If served by substituted service under CPLR 308(2), the time to answer is 30 days from service. If the defendant has been served outside New York, the time to answer is also 30 days. These periods apply unless extended by stipulation or court order.
Question 6: Under the CPLR, a motion for summary judgment must generally be made no later than when?
- 120 days after the filing of the note of issue (Correct answer)
- 60 days after the filing of the note of issue
- At any time before trial
- Within 30 days of the close of discovery
Correct answer: 120 days after the filing of the note of issue
CPLR 3212(a) requires that a motion for summary judgment be made no later than 120 days after the filing of the note of issue.
CPLR 3212(a) sets a 120-day deadline from the filing of the note of issue for making summary judgment motions. This deadline was established to prevent last-minute summary judgment motions that could delay trials. The court may set a shorter deadline but generally cannot extend the 120-day period absent good cause. The timeliness requirement is strictly enforced, though courts retain discretion to search the record and grant summary judgment to a non-moving party.
NYLE Civil Procedure 2
Under the CPLR, what is the general statute of limitations for breach of contract actions in New York?