NYLE Civil Practice & Procedure 2 — Questions and Answers
Question 1: Under CPLR 3212, a motion for summary judgment must be made no later than how many days after the filing of the note of issue, unless the court sets a different deadline?
- 60 days
- 90 days
- 120 days (Correct answer)
- 30 days
Correct answer: 120 days
CPLR 3212(a) requires a summary judgment motion to be made no later than 120 days after the filing of the note of issue.
Question 2: In New York, which doctrine allows a court to dismiss an action where the plaintiff has an adequate remedy at law and no equitable grounds exist for relief?
- Forum non conveniens
- Election of remedies
- Abstention doctrine
- Adequate remedy at law bar (Correct answer)
Correct answer: Adequate remedy at law bar
Equity courts will not grant equitable relief when the plaintiff has a complete and adequate remedy at law.
Question 3: Under CPLR 4518, a business record is admissible as an exception to the hearsay rule if it was made in the regular course of business and it was the regular course of business to make it. Who must lay this foundation?
- The author of the record
- A custodian or other qualified witness (Correct answer)
- The party who produced the record in discovery
- Any witness with personal knowledge
Correct answer: A custodian or other qualified witness
A custodian or other qualified witness familiar with the record-keeping practices can authenticate a business record under CPLR 4518.
Question 4: A plaintiff files suit in Supreme Court, New York County. Defendant timely demands a change of venue to the county of defendant's residence. Under CPLR 511, within how many days of service of the demand must the plaintiff consent or the defendant move to change venue?
- 5 days
- 15 days (Correct answer)
- 30 days
- 60 days
Correct answer: 15 days
Under CPLR 511(b), if the plaintiff does not consent within 5 days of demand, the defendant must move to change venue within 15 days after service of the demand.
Question 5: Under CPLR 3016, a complaint alleging fraud must state the circumstances constituting the wrong with what level of specificity?
- General notice pleading is sufficient
- Particularity as to each element (Correct answer)
- A factual basis sufficient to support a plausible inference
- A preponderance of the evidence standard
Correct answer: Particularity as to each element
CPLR 3016(b) requires that fraud be pleaded with particularity, detailing the specific circumstances of the alleged wrongdoing.
Question 6: Under CPLR 4403, after a trial before a referee, a party who objects to the referee's report must file objections within how many days of service of the report?
- 10 days
- 15 days (Correct answer)
- 20 days
- 30 days
Correct answer: 15 days
CPLR 4403 provides that objections to a referee's report must be filed within 15 days of service of the report.
Question 7: Under New York's relation-back doctrine (CPLR 203(f)), an amended pleading adding a new claim will relate back to the original filing if the new claim arose out of the same conduct, transaction, or occurrence and the defendant would not be prejudiced. What additional requirement applies when a new party is added?
- The new party must have had actual notice within the limitations period (Correct answer)
- The new party must be a successor in interest to an existing defendant
- The new party must have been served within 120 days of filing
- The new party must be joined as an indispensable party
Correct answer: The new party must have had actual notice within the limitations period
When adding a new party, relation-back also requires that the new party knew or should have known of the action within the limitations period so as not to be prejudiced.
NYLE Civil Practice & Procedure 2
Under CPLR 3212, a motion for summary judgment must be made no later than how many days after the filing of the note of issue, unless the court sets a different deadline?