CPLR ART 30 VOLUME ONE

Question 1

3001- Declaratory Judgment+

• A declaratory judgment by the supreme court settles a controversy, serves to quiet or stabilize such justifiable controversy whether or not further relief is or could be claimed.
• A judgment will be rendered which has the same effect as a ___________ rendered in an action.
• If the court declines to render such judgment it shall state _______________

Answer 1

Judgment………. the grounds

Question 2

3002- Actions and Relief not Barred for Inconsistency+

• When causes of actions exist against several people, the results of actions against one including recovery of a judgment (DOES/DOES NOT) bar future action against the others
• (A judgment denying recovery in an action upon an agreement in writing shall not be deemed to bar an action to reform such agreement and to enforce it as reformed.)

Answer 2

does not

Question 3

3003- Actions for Periodic Payments

Actions for the recovery of payments for pensions, retirement compensation or deferred compensation shall not prevent actions to recover payments thereafter __________

Answer 3

becoming due

Question 4

3004- Restoration of Benefits Unnecessary

• A party who has received benefits in a transaction that is voidable due to fraud, misrepresentation, mistake, duress, infancy or incompetency does not have to tender those benefits until a judgment determining the _______________ or other relief is rendered.
• Such judgment may make a tender of restoration a condition of the judgment, or adjust the equities between parties to avoid unjust enrichment

Answer 4

voidability of the transaction

Question 5

3005- Relief Against Mistake of Law

When relief against a mistake is sought, the relief shall not be __________ merely due to the mistake being one of _____ rather than _____

Answer 5

denied….. Law ……..fact

Question 6

3011- Kinds of pleadings:

• There shall be a complaint and an answer.
• Remember there are only the following Pleadings:

Answer 6

• CAR (Complaint, Answer and Reply)
• PAR (Petition, Answer and Reply)

Question 7

3011- Kinds of pleadings:

The answer can contain a _________ (against the plaintiff) or a __________ (against another defendant)

Answer 7

COUNTERCLAIM……… CROSSCLAIM

Question 8

3011- Kinds of pleadings:

A defendant’s pleading against another CLAIMANT is an _____________

Answer 8

INTERPLEADER COMPLAINT

Question 9

3011- Kinds of pleadings:

A defendant’s pleading against a person not already a party is a ___________

Answer 9

THIRD PARTY COMPLAINT or impleader

Question 10

3011- Kinds of pleadings:

There will be:

a _________ to a COUNTERCLAIM,

Answer 10

REPLY

Question 11

3011- Kinds of pleadings:

There will be:

an _________ to an INTERPLEADER COMPLAINT and a THIRD PARTY COMPLAINT

Answer 11

ANSWER

Question 12

3011- Kinds of pleadings:

There will be:

• an _________ to a CROSSCLAIM demanding an answer.
• If no demand is made, the cross-claim shall be deemed denied or avoided. (Kind of like a general denial entered upon the respondent’s behalf on arraignment)

Answer 12

ANSWER

Question 13

3011- Kinds of pleadings:

There shall be no other pleading unless ____________ otherwise.

Answer 13

the court orders

Question 14

3012- Service of Pleadings and Demand for Complaint

NEW: The complaint (MAY/SHALL) be served with the summons, except that in an action arising out of a consumer credit transaction, the complaint (MAY/SHALL) be served with the summons.

Answer 14

MAY….. SHALL

Question 15

3012- Service of Pleadings and Demand for Complaint

• Generally the time to respond by filing an answer is within __________ of the service of the Summons.
• Likewise service of a reply shall be made within ____________ after service of the pleading to which it responds.

Answer 15

TWENTY(20) DAYS ………. TWENTY(20) DAYS

Question 16

3012- Service of Pleadings and Demand for Complaint

• If a Summons is served without a complaint then the defendant has __________ to serve a written demand for the complaint.
• Service of the complaint shall be made within __________ after service of the demand.
• After the receipt of the complaint, the __________ to answer begins to run.
• The complaint shall be served within __________ of the notice of appearance, when there is no demand
• The court upon motion may dismiss the action if ___________ of the complaint is not made,
• a demand for complaint or motion to dismiss (DOES/DOES NOT) constitute an appearance in the action

Answer 16

TWENTY(20) DAYS……. TWENTY(20) DAYS……. TWENTY(20) DAYS………. TWENTY(20) DAYS….. service… DOES NOT

Question 17

3012- Service of Pleadings and Demand for Complaint

If however service is not made by personally delivering the Summons to the person to be served and is made by the other methods in Section 308, or if service is made on the defendant by delivering the summons and complaint to an official of the state authorized to receive service in his behalf, then service of the answer shall be made within _______________ after service is complete

Answer 17

THIRTY (30) DAYS

Question 18

3012- Service of Pleadings and Demand for Complaint

The court may extend the time to appear or plead, or compel the acceptance of a pleading _________ served

Answer 18

untimely

Question 19

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

The Complaint shall be accompanied by a certificate executed by the plaintiff’s attorney Stating:

• The attorney has reviewed the case and consulted with at least __________ doctor, dentist or podiatrist depending on the type of alleged malpractice and there is reason to believe there is a basis for the action

Answer 19

ONE (1)

Question 20

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

If the consultation with a doctor could not be obtained before the statute of limitations runs out, then the attorney has _________ to file the certificate from service of the complaint

Answer 20

NINETY (90) DAYS

Question 21

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

The certificate filed could also state that the attorney was unable to obtain the consultation despite making _______ good faith attempts with ________ separate physicians and none would agree to such a consultation. (The white coat wall of silence…lol)

Answer 21

THREE…… THREE

Question 22

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

Only ________ certificate per action is required, no matter how many defendants there are

Answer 22

ONE (1)

Question 23

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

If a plaintiff requests the medical or dental records of their treatment and the defendant does not provide them, then no certificate will be required by counsel for the plaintiff until _________ after the records are produced

Answer 23

NINETY(90)DAYS

Question 24

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice +

__________ are not required to file this attorney certificate.

Answer 24

Pro-se plaintiffs

Question 25

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice + - An attorney submitting a certificate does not need to divulge the identity of the practitioner or the contents of the consultation if they are ___________ in getting a consultation or don't have time to get one due to ______ . - If they are unsuccessful after the _______ attempts, the court may require the attorney to divulge the identities.

Answer 25

Successful …...SOL...........three

Question 26

3012a- CERTIFICATE OF MERIT: For Medical, Dental or Podiatric Malpractice + This section is inapplicable if the attorney intends to rely solely on the doctrine of "_____________ " " The thing speaks for itself'! Example: Amputating wrong leg...yikes!

Answer 26

Res Ipsa Loquitur

Question 27

3012b Certificate of Merit in Certain Residential Foreclosure Actions - In any foreclosure action involving a home loan in which the defendant is __________ of the property which is subject to foreclosure, a certificate signed by the attorney for the plaintiff shall accompany the complaint.

Answer 27

a resident ….....

Question 28

3012b Certificate of Merit in Certain Residential Foreclosure Actions - The certificate will state that the attorney has reviewed the facts of the case, and all pertinent documents, and to the best of the attorney's knowledge, information and belief, there is ____________ for the commencement of the action

Answer 28

reasonable basis

Question 29

3012b Certificate of Merit in Certain Residential Foreclosure Actions A copy of the mortgage or security agreement, if not attached to the summons and complaint, shall be attached to ___________ .

Answer 29

the certificate

Question 30

3012b Certificate of Merit in Certain Residential Foreclosure Actions _________ certificate(s) is required per action

Answer 30

ONE (1)

Question 31

3012b Certificate of Merit in Certain Residential Foreclosure Actions - If a plaintiff willfully fails to provide copies of the papers and documents and the court finds upon motion that such papers and documents ought to have been provided, the court may ___________ the complaint or order a denial of interest, costs or attorney’s fees. - Any such dismissal is ___________ {in other words they can bring the action again, with hope, correctly this time).

Answer 31

Dismiss.......... without prejudice

Question 32

3013- Particularity of Statements Generally Statements in a pleading shall provide a clear explanation of what occurred and will be proven along with the ____________ of each cause of action or defense

Answer 32

material elements

Question 33

3014- Statements - Every pleading shall consist of plain and concise statements in _____________ paragraphs. - As practicable, each paragraph shall contain _________ allegation(s) - A copy of any writing which is attached to a pleading is a part thereof for all purposes.

Answer 33

consecutively numbered …...... a single allegation

Question 34

3015- Particularity as to Specific Matters From Cornell University Law: A condition precedent is a condition or an event that must occur before a right, claim, duty, or interest arises.

Answer 34

3015- Particularity as to Specific Matters From Cornell University Law: A condition precedent is a condition or an event that must occur before a right, claim, duty, or interest arises.

Question 35

3015- Particularity as to Specific Matters - A condition precedent in a contract need not be pleaded, but a ________ of performance or occurrence must be specific and with particularity. - The party relying on the performance or occurrence of the condition precedent will only need to prove on trial the specific performance or occurrence that was ______ .

Answer 35

Denial ...denied

Question 36

3015- Particularity as to Specific Matters Where any party is a corporation, the complaint shall so state and, where known, it shall specify the _________, __________, ___________ by or under whose laws the party was created.

Answer 36

state, country or government

Question 37

3015- Particularity as to Specific Matters (Bard) A judgment, decision, or other determination of a court or tribunal may be pleaded without stating the __________ to render it.

Answer 37

jurisdiction

Question 38

3015- Particularity as to Specific Matters Unless specifically denied in the pleadings, each _________ on a negotiable instrument is admitted.

Answer 38

signature

Question 39

3015- Particularity as to Specific Matters - (New) (Bard) If a plaintiff sues a consumer for conduct arising from a business that requires a license in the southern counties of NY, the complaint must allege that the plaintiff was licensed at the time of services rendered and include the name and number of the license, if any, and the governmental agency that issued the license. - If the plaintiff fails to comply with this subdivision, the defendant may move for dismissal of the complaint.

Answer 39

3015- Particularity as to Specific Matters - (New) (Bard) If a plaintiff sues a consumer for conduct arising from a business that requires a license in the southern counties of NY, the complaint must allege that the plaintiff was licensed at the time of services rendered and include the name and number of the license, if any, and the governmental agency that issued the license. - If the plaintiff fails to comply with this subdivision, the defendant may move for dismissal of the complaint.