NYLE - New York Law Exam NY Civil Practice & Procedure 1 — Questions and Answers
Question 1: Under CPLR 308(4), 'nail and mail' service on a natural person is only permissible when:
- The defendant is a non-domiciliary of New York
- Personal delivery and substituted service cannot be made with due diligence (Correct answer)
- The defendant has previously evaded service in a prior action
- The plaintiff obtains a court order authorizing alternative service
Correct answer: Personal delivery and substituted service cannot be made with due diligence
CPLR 308(4) allows affixing process to the door of the defendant's dwelling or place of business and mailing a copy only after the plaintiff demonstrates due diligence in attempting personal delivery under 308(1) and substituted service under 308(2). It is a method of last resort among the standard methods.
Question 2: Under CPLR 503(a), the general rule for proper venue in a transitory civil action is based on:
- The county where the cause of action arose
- The county where the plaintiff's attorney maintains an office
- The county of residence of any party at the time the action is commenced (Correct answer)
- The county where the defendant's principal assets are located
Correct answer: The county of residence of any party at the time the action is commenced
CPLR 503(a) provides that the place of trial shall be in the county in which one of the parties resided when the action was commenced. If no party resides in New York, the action may be tried in any county the plaintiff designates.
Question 3: Under CPLR 3212(a), a motion for summary judgment must generally be made no later than:
- 30 days after the pleadings are closed
- 60 days after joinder of issue
- 120 days after the note of issue is filed, unless the court sets a different deadline (Correct answer)
- Any time before the trial commences
Correct answer: 120 days after the note of issue is filed, unless the court sets a different deadline
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, except with leave of court on good cause shown. Courts strictly enforce this deadline.
Question 4: Under CPLR 3211(a)(7), a defendant may move to dismiss a complaint on the ground that:
- The plaintiff failed to appear at a preliminary conference
- The complaint fails to state a cause of action (Correct answer)
- The plaintiff's attorney is not admitted to practice in New York
- The complaint was not verified as required by the CPLR
Correct answer: The complaint fails to state a cause of action
CPLR 3211(a)(7) authorizes pre-answer dismissal when the pleading fails to state a cause of action. On such a motion, the court must accept the complaint's allegations as true and determine only whether they fit within any cognizable legal theory.
Question 5: Under CPLR 213(2), the statute of limitations for an action upon a contractual obligation or liability, express or implied, is:
- Three years
- Four years
- Six years (Correct answer)
- Ten years
Correct answer: Six years
CPLR 213(2) establishes a six-year limitations period for contract claims. This is one of the longer default periods under the CPLR and applies to both written and oral contracts unless a specific shorter period applies.
Question 6: Under CPLR 4405, a motion to set aside a verdict pursuant to CPLR 4404 must be made within:
- 30 days after entry of the judgment
- 15 days after the verdict is rendered (Correct answer)
- 20 days after service of the judgment with notice of entry
- 60 days after the jury is discharged
Correct answer: 15 days after the verdict is rendered
CPLR 4405 requires that post-trial motions under CPLR 4404 — including motions to set aside a verdict as against the weight of the evidence or for judgment as a matter of law — be made within 15 days after the verdict is rendered. Missing this deadline forfeits the right to make the motion.
NYLE - New York Law Exam NY Civil Practice & Procedure 1
Under CPLR 308(4), 'nail and mail' service on a natural person is only permissible when: