NYLE NY Civil Practice & Procedure 2

Question 1

Under CPLR 3013, what standard must a complaint meet to be considered sufficient?

Accepted Answer

It must contain statements sufficiently particular to give the court and parties notice of the transactions or occurrences intended to be proved

Answer

It must include detailed evidence supporting each allegation

Answer

It must cite specific statutes or case law for each cause of action

Answer

It must attach all documents referenced in the complaint

Question 2

Under the CPLR, when may a court grant a default judgment against a defendant who fails to appear?

Accepted Answer

Upon proof of service, the facts constituting the claim, and the amount due

Answer

Automatically upon the defendant's failure to answer within the time limit

Answer

Only if the plaintiff posts a bond

Answer

Only after a mandatory settlement conference

Question 3

Under CPLR 5015, on what grounds may a court vacate a default judgment?

Accepted Answer

Excusable default, newly discovered evidence, fraud, lack of jurisdiction, or reversal of the underlying order

Answer

Only if the defendant proves they never received the summons

Answer

Only within 30 days of the judgment

Answer

Only if the plaintiff consents to vacatur

Question 4

Under CPLR 3126, what sanction may a court impose for a party's willful failure to comply with disclosure orders?

Accepted Answer

Striking the party's pleading or rendering a default judgment

Answer

Only monetary fines up to $500

Answer

Dismissal of the action without any prior warning

Answer

Referral to the district attorney for criminal prosecution

Question 5

Under the CPLR, what is the purpose of a bill of particulars?

Accepted Answer

To amplify the pleadings and limit the issues for trial

Answer

To replace the complaint with a more detailed version

Answer

To serve as a discovery device for obtaining documents

Answer

To preserve testimony for use at trial

Question 6

Under CPLR 4404, what power does a trial court have after a jury verdict?

Accepted Answer

The court may set aside the verdict and order a new trial or direct judgment as a matter of law

Answer

The court must accept the jury's verdict without modification

Answer

The court may only reduce the damages, not direct a different verdict

Answer

The court may poll individual jurors to change their votes