Flashcards in Article 32 Deck (30)
A motion to dismiss cause of action may move fore judgment dismissing one/one or more cause of action
One or more
The minimum time that a motion for summary judgment in lieu of complaint shall be noticed to be heard is 20 days after service, if by personal delivery, or ___ days after service is complete, if by other that personal delivery
After default by defendant, where claim is for a sum certain, plaintiff may make application to clerk for judgment within ____ after default
If plaintiff fails to proceed to trial or judge orders a dismissal for any other neglect to proceed, the defendant may make application for a judgment to the clerk within ______ after default
If plaintiff fails to ask for default judgment within ______ after default, the court shall dismiss the complaint as abandoned on its own initiative or on motion
Any party asserting a claim may discontinue it without an order by stipulation among parties filed with the clerk or by serving notice of discontinuance on all parties before a responsive pleading is served or within ____ days after service of pleading asserting the claim, whichever is earlier.
T/F? A judgment by confession may be entered after the defendant's death.
An affidavit of judgment by confession may be filed within ____ years of the time that it was executed
A tender, and an offer to liquidate damages conditionally, and an offer to compromise may be made not later than __ days before trial
An offer to compromise cannot be made in what type of action?
Judgment by confession on an affidavit executed prior to a default in payment on an item purchased for ______ or less that business or commercial use on an installment plan cannot be entered
The court may treat a motion to dismiss a cause of action or defense as one for summary judgment and may/must order immediate trial on issues raised in the motion
Service of motion to dismiss before service of a responsive pleading extends the time to serve the pleading until ___ days after service of notice of entry of the order
After jointer of issue, s party may move for summary judgment up to s date set by the court (not earlier than __ days after filing the note of issue.)
After joinder of issue, if no final date to move for summary judgment is set by the court, such motion cannot be made later than ___ days after filing of the note of issue (except with leave of the court)
Court may/shall grant motion to dismiss if papers and proof so warrant as a matter of law
Court may/shall deny motion to dismiss papers and proof require s trial of any issue of any fact
Court may/shall grant summary judgment (without the necessity of a cross motion) to other than moving party if it appears that such party is entitled to such judgment
CPLR 3212 (also, cannot grant summary judgment to other than a moving party in a matrimonial action)
Court may/shall order immediate trial of any issue of fact raised by the motion, before a referee, the court, or court and grand jury
Court may/shall sever cause of action which is subject of motion to dismiss
Court may/shall reserve decision on motion to dismiss pending the determination of remaining causes of action
A motion for summary judgment in lieu of complaint may be made in an action based upon: (2 instances)
1. An instrument for the payment of money only
2. Upon any judgment
At any time not later than __ days before trial, a party whom a cause of action based on a contract is asserted may without court order deposit with the clerk of the court (tender) an amount deemed by him sufficient to satisfy claim and serve on the claimant s written tender of payment. The claimant has __ days to withdraw the money. If the tender is not accepted and the claimant fails to obtain s more favorable judgment, he shall not recover interest or costs from the time of the order, but shall also pay costs for defending against the claim from that time.
Any party asserting a claim may discontinue it without an order
1. By serving notice of discontinuance on all parties before a responsive pleading is served or within 20 days after service of pleading asserting the claim, whichever is earlier
2. By filing with the clerk (before the case has been submitted to the court or jury) a stipulation signed by the attorneys for all parties
B. Both 1 and 2
D. Both are incorrect
B. Both 1 and 2
____________________ on an affidavit executed prior to a default in payment on a purchase item (for $1,500 or less for other than business or commercial use) on an installment plan cannot be entered.
B. Judgment by confession
C. A transcript
D. None of the above
B. Judgment by confession
Service of motion to dismiss before service of s responsive pleading extends the time to serve the pleading until __ days after service of the notice of entry of the order
After default by defendant, where claim is for a sum certain, plaintiff may make application to clerk for a judgment within 1 year after ______.
A. Motion to vacate
B. Service of summons
D. Service of summons and complaint
Additional notice (at least __ days before the entry of s judgment) must be given to a defendant in an action based upon non payment of a contractual obligation before a default judgment can be entered
An offer to compromise (enter judgment) may be made at any time no later than __ days before trial.