NYLE Civil Procedure 2

Question 1

Under the CPLR, what is the general statute of limitations for breach of contract actions in New York?

Accepted Answer

Six years

Answer

CPLR 213(2) provides a six-year statute of limitations for breach of contract actions.

Question 2

In New York, personal jurisdiction over a non-domiciliary may be obtained under CPLR 302(a)(1) when the defendant does what?

Accepted Answer

Transacts any business within the state and the claim arises from that transaction

Answer

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.

Question 3

Under the CPLR, which method of service is generally considered the preferred method for commencing an action?

Accepted Answer

Personal delivery to the defendant

Answer

CPLR 308(1) provides that personal delivery of the summons and complaint to the defendant is the primary and preferred method of service.

Question 4

What is the time limit to serve a summons and complaint after filing in New York Supreme Court?

Accepted Answer

120 days after filing

Answer

CPLR 306-b requires service of the summons and complaint within 120 days after filing.

Question 5

In New York, a defendant's time to answer a complaint after personal service is:

Accepted Answer

20 days

Answer

Under CPLR 320(a), a defendant served by personal delivery must appear within 20 days of service.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Civil Procedure 2