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

CPLR 3013 requires that pleadings contain statements sufficiently particular to give notice of the transactions, occurrences, or series of transactions or occurrences intended to be proved and the material elements of each cause of action.

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

Under CPLR 3215, a default judgment requires proof of service, proof of the facts constituting the claim, and proof of the amount due.

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

CPLR 5015(a) lists five grounds for vacatur: excusable default, newly discovered evidence, fraud/misrepresentation/misconduct, lack of jurisdiction, and reversal or modification of the underlying order.

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

CPLR 3126 authorizes courts to impose sanctions including striking pleadings, precluding evidence, or staying the action for a party's willful failure to disclose.

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

A bill of particulars under CPLR 3041-3044 amplifies the pleadings by providing greater detail about claims, limiting the proof at trial to what is specified.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE NY Civil Practice & Procedure 2