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Flashcards in Article 3 Deck (69)
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1

T/F The court shall not exercise personal jurisdiction over non-domiciliaries.

False

CPLR 302

2

Party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his attorney or if no attorney appears for him, the _____, during pendency of action.

clerk of the court


CPLR 303

3

If the court finds that circumstances prevent immediate filing, the signing of an order requiring filing on specified time and date (no later than _ days thereafter) shall commence the action

5


CPLR 304

4

T/F Filing may be by electronic means, but not by facsimile transmission

False

CPLR 304

5

If complaint is not served with summons, a ____ stating nature of action and relief sought myst be attached

notice

CPLR 305

6

T/F Court may allow summons or proof of service of a summons to be amended only within 30 days after service

False

CPLR 305

7

Proof of service shall be in the form of a ______ if service is made by s sheriff or other public servant.

Certificate


CPLR 306

8

If service is made by an individual, proof of service shall he form of a(n) _________.

Affidavit


CPLR 306

9

Service may be made in such manner as the court directs upon motion (with/without) notice if service is impracticable under sections 1, 2 and 4 of CPLR 308

Without


CPLR 308

10

Personal service on an incompetent may be made on the _______ of the incompetent.

Committee



CPLR 309

11

T/F Personal service on attorney general may not be made to assistant attorney general in NYS.

False


CPLR 307

12

In service to person of suitable age and discretion, mailing must be done within __ days of service to person of suitable age and discretion.

20


CPLR 308

13

In nail and mail, filing proof of service must be done within __ days of nailing or mailing, whichever is done last.

20


CPLR 308

14

In nail and mail and service to person of suitable age and discretion, service is complete __ days after filing proof of service.

10



CPLR 308

15

An infant of the age of __ or over must also be served.

14



CPLR 309

16

To serve a partnership, who may be served?

Any partner (also other methods)


CPLR 310

17

T/F a corporation can be served by serving any employee

False.



CPLR 311

18

T/F To serve New York City, you can serve the mayor.

False



CPLR 311

19

T/F if service cannot be made as per prescribed methods, service may be made in any manner the court directs.

True



CPLR 310-a & 311-a

20

T/F you need a court order to serve by mail (CPLR 312-a)

False



CPLR

21

Service by mail (CPLR 312a) can be done by plaintiff or any other person

True



CPLR 312a

22

Acknowledgment of receipt (CPLR 312a) must be mailed or delivered within __ days of receipt.

30


CPLR 312a

23

Answer (CPLR 312a) must be filed within __ days after signed acknowledgment is mailed or delivered to sender

20


CPLR 312a

24

T/F A court order is needed for service by publication

True


CPLR 316

25

Summarize service by publication requirements (CPLR 316)

Publication shall be made within 30 days after order. Has to be in 2 newspapers, at least 1 English, at least 1 in each of 4 consecutive weeks. Service is complete on the 28th day after first publication.
CPLR 316

26

A person not served by personal delivery has up to ____ year(s) after he discovers fed adult judgment to come in and defend action (but no more than 5 years after entry of judgment)

One


CPLR 317

27

When summons is served by personal delivery within NYS, defendant has ___ days after such delivery to answer.

20


CPLR 320

28

When a summons is served by other Han personal delivery, (except 312a) defendant has __ days after service is complete to answer.

30



CPLR 320

29

A corporation and voluntary association must appear by ______.

Attorney



CPLR 321

30

To serve a corporation, you can serve an officer, director, manager, cashier (treasurer), assistant cashier, or ______

Agent


CPLR 311