CPLR 3

Question 1

What commences an action (CPLR 304):

Answer 1

Generally, the filing of the summons and complaint (or summons with
notice) (A special proceeding is commenced by the filing of the petition)

Question 2

The service of a notice of petition commences a special proceeding.
T/F?(CPLR 304):

Answer 2

FALSE. Generally, the FILING of the petition commences a special
proceeding.

Question 3

Filing under Section CPLR 304 means the delivery of the summons with
notice or summons and complaint to the clerk of court. T/F?:

Answer 3

FALSE. Definition of “filing” includes payment to the clerk of the required
fee. ALSO, where the court finds that immediate filing can’t be done,
SIGNING by the court of an order requiring filing at specified date & time
within 5 days of signing of the order commences the action.

Question 4

At the time of the filing the petition and notice of petition, the clerk is
required to date stamp the original papers, but not copies thereof. T/F?
(CPLR 304):

Answer 4

FALSE. Clerk must stamp the original AND one copy.

Question 5

If Filing is by fax, clerk must return a date stamped copy of___________
and the index #. (CPLR 304):

Answer 5

The first page of the papers

Question 6

If filing is by electronic means, clerk must notify filing party of ________ &
date & time of filing. (CPLR 304):

Answer 6

Index number

Question 7

A Summons shall specify: (4 things) (CPLR 305):

Answer 7

1. Basis of venue
2. Residence of plaintiff (if based on residence)
3. Index number
4. Date filed with clerk

Question 8

In a consumer credit transaction, county of residence of defendant (if w/in
NYS) and county where transaction took place (if w/in the state) must
appear on the summons. T/F? (CPLR 305):

Answer 8

TRUE.

Question 9

A ____________is used to bring a new party into an action. (CPLR 30 5):

Answer 9

Supplemental summons

Question 10

In a Supreme Court case, generally service must be made
within _____ days after filing summons and complaint. (CPLR
306b):

Answer 10

120

Question 11

Personal service on an attorney general may not be made
to assistant attorney general. T/F? (CPLR 307):

Answer 11

FALSE. MAY be made to an assistant attorney general within the
state

Question 12

In service to a person of suitable age and discretion,
mailing must be done within ______days of service to person of
suitable age and discretion. (CPLR 308):

Answer 12

20

Question 13

In nail and mail, filing proof of service must be done within
_____ of nailing or mailing, whichever is done last. (CPLR 308)

Answer 13

20

Question 14

In nail and mail and service to person of suitable age and
discretion, service is complete____ days after filing proof of
service. (CPLR 308)

Answer 14

10

Question 15

An infant of the age of ____ or over must also be served.
(CPLR 309)

Answer 15

14

Question 16

To serve a partnership, who may be served? (CPLR 310)

Answer 16

Any partner

Question 17

A corporation can be served by serving any employee.
T/F? (CPLR 311)

Answer 17

FALSE

Question 18

To serve NYC, you can serve the mayor. T/F? (CPLR 311)

Answer 18

FALSE. (can do so in any other city EXCEPT NYC)

Question 19

If service cannot be made as per the prescribed methods,
service may be made in any manner the court directs. T/F?
(CPLR 310a & 311a)

Answer 19

TRUE

Question 20

You need a court order to serve by mail. T/F? (CPLR 312a)

Answer 20

FALSE

Question 21

Service by mail can be done by plaintiff or any other
person. T/F?

Answer 21

TRUE

Question 22

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

Answer 22

20

Question 23

A court order is needed for service by publication. T/F?
(CPLR 316)

Answer 23

TRUE.

Question 24

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

Answer 24

30

Question 25

Summarize Service by publication requirement. (CPLR 316) 1st Publication shall be made within 30 days after the order is granted. -2newspapers, at least 1 -in English language, at least 1in each of 4 consecutive weeks. -service is complete on 28th day after day of 1st publication matrimonial actions: 1 newspaper at least once in each of 3 consecutive weeks. Mailing of summons is also required/ matrimonial actions. Service complete on the 21st day after publication. A person not served by personal delivery has up to __ year after he discovers

Answer 25

4

Question 26

A person not served by personal delivery has up to __ year after he discovers default judgment to come in and defend action (but no more than 5 years after entry of judgment) (CPLR 317)

Answer 26

One

Question 27

When summons is served by personal delivery within NYS, defendant has ___ days after service is complete to answer. (CPLR 320)

Answer 27

20

Question 28

When a summons is served by other than personal delivery (except 312a), defendant has ___ days after service is complete to answer. (CPLR 320)

Answer 28

30

Question 29

Where the court directs that a new party be joined in the action and the order is not made upon the new party's motion, a summons shall be served upon such party. A. third party B. interpleader C. supplemental D. duplicate

Answer 29

C (CPLR 305)

Question 30

Which of the following is false: Proof of service may be: 1. in the form of a certificate, if service was made by sheriff. 2. in the form of affidavit, if service was made by person. 3. in the form of affidavit, if service was made by authorized public officer. A. 1 and 3 only B. 1 only C. 3 only D. 2 and 3 only

Answer 30

C (CPLR 306)

Question 31

If proof of service in an action commenced in supreme or county court is not filed with the clerk of the court within 120 days after date of filing of the summons and complaint: A. action will be automatically dismissed. B. defendant may move for dismissal C. time to file is automatically extended by 10 days. D. None of the above.

Answer 31

B (CPLR 306-b)

Question 32

Where service is by NAIL AND MAIL or by delivery to person of suitable age and discretion and then mailing, delivery and mailing must be done within 20 days of each other. In such cases, service is complete ____days after filing proof of service is filed with the clerk. A. 10 B. 20 C. 30 D. none of the above

Answer 32

A (CPLR 308)

Question 33

In personal service upon an infant, if the infant is of the age of ____ or over, the summons shall also be personally served on the infant. A. 7 B. 10 C. 14 D. 16

Answer 33

C (CPLR 309)

Question 34

Which of following is false? Personal service on partnership may be made by personally serving summons on: 1. any one of the partners. 2. the managing agent of partnership, & mailing to the named partner. 3. the spouse of any one of the partners & mailing to a partner. 4. person in charge of partnership office in NYS, and mailing to partner. A. 1 & 4 only B. 2 only. C. 3 only D. 2 & 3 only

Answer 34

C (CPLR 310)

Question 35

A person to whom summons was not personally delivered and who does not appear may be allowed to defend the action within_____year(s) after he obtains knowledge of the entry of judgment. However, the preceding period cannot extend more than____years after such entry. A. one.... five B. four.... seven C. five.... seven D. seven.... twenty

Answer 35

A (CPLR 317)

Question 36

Which of the following statements are true? A court may exercise personal jurisdiction over any non-domiciliary, his executor or administrator who in person or through an agent: 1. transacts business within NYS or contracts anywhere to supply goods or services in NYS; or 2. commits a tortious act without the state (except defamation of character); or 3. owns, uses or possesses any real property in the state. A. 1, 2 & 3 B. 1 & 2 only C. 2 & 3 only D. 1 & 3 only.

Answer 36

D (CPLR 302)

Question 37

Which of the following 2 statements are true? Filing may be done by facsimile transmission (FAX) or by electronic means (CPLR 2103 (f)) 1. If filing is by fax, clerk must return date stamped copy of first page of papers and the index number. 2. If filing is by electronic means, clerk must notify filing party of index number, date and time of filing. A. 1 only B. 2 only C. Both 1 & 2 D. Neither 1 nor 2

Answer 37

C (CPLR 304)

Question 38

A summons shall specify: 1. basis of venue designated (and plaintiff's address if that is basis of venue) 2. index number3. date of filing with the clerk of the court A. 1 & 2 only C. 1 & 3 only B. 1, 2 & 3 D. 2 & 3 only

Answer 38

B (CPLR 305)

Question 39

A summons in a consumer credit transaction shall: 1. prominently display at top of the summons the words "consumer credit transaction," and 2. specify the county of residence of the defendant (if defendant lives within NYS), and 3. specify county where transaction took place, if outside NYS. A. 1, 2 & 3 B. 1 only C. 1 & 3 only D. 1 & 2 only

Answer 39

D (CPLR 305)

Question 40

Which of the following 2 statements are correct? 1. Generally, proof of service must specify papers served, date, time, and address of service (if no address, place and manner of service) and facts showing service was done by an authorized person in an authorized manner. 2. If service is made by delivery to an individual, proof of service (affidavit) shall include description of person-sex, skin color, hair color, approx. age, weight and height, and other identifying features. A. 1 only B. 2 only C. Both 1 & 2 D. Neither 1 nor 2

Answer 40

C (CPLR 306)

Question 41

One method of personal service on a state officer sued in his official capacity is to deliver the summons to the____________or designee of the agency. A. secretary of the agency B. supervisor of the office C. person of suitable age & discretion at agency D. chief executive officer

Answer 41

D (CPLR 307)

Question 42

Which is not correct? Personal service on infant may be made by personally serving summons within NYS: A. upon a parent or any guardian, or B. other person having legal custody, or C. if infant is married, to adult spouse with whom infant resides or, D. if none are within NYS, to any teacher at the infant's school.

Answer 42

D (CPLR 309)

Question 43

Which of the following statements, relating to service of defendant in parenthesis is not correct? A. (NYC) You can serve mayor or other person designated by 8 him to receive process. B. (Any city other than NYC) You can serve the mayor, comptroller, treasurer, counsel, clerk. C. (County). You can serve chairman or clerk of board of supervisors, clerk, attorney or treasurer. D. (Town) You can serve supervisor or clerk

Answer 43

A (CPLR 311)

Question 44

Which is false relating to service by publication? Order shall direct that the following be published: A. summons and a brief statement of nature of action and relief sought B. notice to plaintiff C. sum of money for which judgment will be taken in case of default (except in medical malpractice) D. brief description of real property (if it is subject of litigation)

Answer 44

B (CPLR 316)

Question 45

Which of the following statements is not correct? A. 325 (a) The supreme court, upon motion, can remove a case from a court where an action was commenced by mistake to the proper court. B. 325 (b) Upon motion, a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which has the required jurisdiction. C. 325 (c) On consent to a court of limited jurisdiction (amount of damages demanded is reduced to within the monetary jurisdiction of the court of limited jurisdiction). D. 325(d) Without consent (at the court's discretion) to a court of limited jurisdiction (however, the monetary limit remains that of the original court).

Answer 45

B (CPLR 325)

Question 46

Which of the following statements is not correct? A. 325(d) Without consent (at the court's discretion) to a court of limited jurisdiction (however, the monetary limit remains that of the original court). B. 325 (e) Upon motion, the supreme court can remove a case from the supreme court to the surrogate's court where a decedent's estate is not affected. C. 325 (f) If county judge is incapacitated, supreme court may remove an action from county court to itself. D. 325 (g) A judge of a county court may transfer a case from one local court to another in the same county or adjoining county where it appears that the case will not be disposed of within a reasonable time due to death, disability, incapacity of judge-or inability to form a jury.

Answer 46

B (CPLR 325)

Question 47

Which of the following statements are false? A. If an order of removal is made by a court other than the court where the action is pending, a conformed copy of the order of removal shall be filed in the court where the action is pending. B. When the clerk where the action is pending receives the order, he shall forthwith deliver to other court all papers and records in the action, and certified copies of all minutes C. The receiving clerk shall file, enter & record the papers as required. D. Subsequent proceedings shall be had in the court to which the case has been removed as if the action had been originally commenced there and no process, provisional remedy or other proceeding taken in the court from which the action was removed shall be invalid as a result of the removal

Answer 47

A (CPLR 326)