NYLE Civil Procedure 3

Question 1

Under the CPLR, which court has original jurisdiction over claims exceeding $25,000 in New York?

Accepted Answer

Supreme Court

Answer

New York Supreme Court has unlimited original jurisdiction in civil matters, including all claims exceeding the monetary limits of lower courts.

Question 2

Under CPLR 3101, which of the following is generally discoverable in New York civil litigation?

Accepted Answer

All matter material and necessary to the prosecution or defense of an action

Answer

CPLR 3101(a) provides for full disclosure of all matter material and necessary in the prosecution or defense of an action, which has been interpreted broadly.

Question 3

In New York, a plaintiff's failure to prosecute an action may result in dismissal under which CPLR provision?

Accepted Answer

CPLR 3216

Answer

CPLR 3216 governs dismissal for want of prosecution when a party unreasonably neglects to proceed.

Question 4

Under the CPLR, which of the following is a proper basis for a pre-answer motion to dismiss under CPLR 3211(a)?

Accepted Answer

The complaint fails to state a cause of action

Answer

CPLR 3211(a)(7) provides for dismissal on the ground that the pleading fails to state a cause of action.

Question 5

In New York, a notice of claim against a municipality must be served within what time period?

Accepted Answer

90 days after the claim arises

Answer

General Municipal Law § 50-e requires that a notice of claim be served on a municipality within 90 days after the claim arises.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Civil Procedure 3