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Flashcards in Article 20 Deck (8)
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1

T/F? If a substantial right of a party is not prejudiced, the mistake, omission, defect or irregularity shall be disregarded

True

CPLR 2001

2

Generally, if a substantial right of a party has been prejudiced, a judge MAY set aside within _______ year a judicial sale made pursuant to a judgment or order if it fails to comply with CPLR as to notice, time or manner of sale.

1


CPLR 2003

3

T/F? Mistakes or omissions can be disregarded: 1. Only before trial? 2. At any time?

At any time


CPLR 2001

4

T/F? The court can in any case extend the time for doing any act

False


CPLR 2004

5

Generally, if a substantial right of a party has been prejudiced, a judge may set aside within ______ a judicial sale made pursuant to a judgment or Order if it fails to comply with the CPLR as to notice, time or manner of sale
A. 6 months
B. 1 year
C. 18 months
D. 2 years

B. 1 year


CPLR 2003

6

Court may permit a mistake, omission, defect or irregularity to be correct, upon such terms as may be just
A. Only before the close of the proponents case
B. Only before the close of the defendants case
C. Only before requests for interrogatories are submitted
D. At any stage of the action

D. At any stage of the action


CPLR 2001

7

Which of the following choices is the best choice? Except where expressly prescribed by law, the court may extend
A. The time fixed by any statute, rule, or order for doing any act
B. Extend the statute of limitations periods
C. Extend the time to appeal
D. A, B and C are all correct

A. The time fixed by any statute, rule or order for doing any act


CPLR 2004

8

The court may/,must at any stage of an action, permit a mistake, omission, defect or irregularity to be corrected, upon such terms as may be just

May


CPLR 2001