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

Civil Court of the City of New York

Answer

District Court

Answer

Small Claims Court

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

Only documents specifically referenced in the pleadings

Answer

Only testimony of parties, not non-party witnesses

Answer

Only physical evidence, not electronically stored information

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 3211

Answer

CPLR 3212

Answer

CPLR 3025

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

The plaintiff's attorney lacks experience in the subject area

Answer

Discovery has not yet been completed

Answer

The defendant intends to file a counterclaim

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

30 days after the claim arises

Answer

One year after the claim arises

Answer

Six months after the claim arises

Question 6

Under the CPLR, what is the effect of a voluntary discontinuance under CPLR 3217?

Accepted Answer

The action is dismissed without prejudice unless otherwise stated

Answer

The action is dismissed with prejudice automatically

Answer

The defendant may recover attorney's fees as of right

Answer

The statute of limitations is tolled for an additional year