CPLR Article 5

Question 1

T/F An agreement by parties to fix the place of trial after an action is commenced is enforceable.

Answer 1

False (CPLR 502)

Question 2

T/F when there is a conflict as to the proper venue which resulted from a joinder of claims or parties, the party wherein the court is located shall select s venue which is proper to at least one of the parties or claims

Answer 2

False. (CPLR 502)

The court upon motion

Question 3

T/F Generally, the place of trial shall be where the defendant resided when action was commenced.

Answer 3

False (CPLR 503)

It’s where one of the parties resides

Question 4

Generally, if none of the parties resided in the state at the time the action was commenced, the venue is the venue designated by the _______.

Answer 4

Plaintiff (CPLR 504)

Question 5

The venue of an action against a county is ______.

Answer 5

Such county (CPLR 505)

Question 6

The venue of an action against a city (except NYC), village, school district or district corporation is ________.

Answer 6

The county where situated. (CPLR 505)

Question 7

The venue of an action against the city of New York that arose within NYC is __________.

Answer 7

County in which cause of action arose. (CPLR 505)

If cause of action arose outside NYC, then venue is New York county

Question 8

T/F An action against a justice of the Supreme Court or w judge of a county court or the court of general sessions shall be commenced in appellate division in the judicial department where the action giving rise to the matter sought to be enforced or restrained originated (or appellate division in an adjoining judicial department, if a term of that appellate division is not in session.)

Answer 8

True (CPLR 506)

Question 9

An action against the commissioner of education (section 4404 of education law) may be commenced in the _______ court in county of residence of petitioner.

Answer 9

Supreme (CPLR 506)

Question 10

An action against the NYC tax appeals tribunal shall be originated in ___________.

Answer 10

The appellate division of the Supreme Court, first department
(CPLR 506)

Question 11

A corporation is deemed resident of county where ______.

Answer 11

Its principal office Is located (CPLR 503)

Question 12

A common carrier in addition to being deemed a resident of the county in which it has its principal office, shall also be deemed a resident of the county in which _______.

Answer 12

The cause of action arose (CPLR 503)

Question 13

Partner of partnership is deemed resident of county where principal office is located and residence of __________.

Answer 13

Partner (CPLR 503)

Question 14

In a consumer credit transaction venue is generally county of _______.

Answer 14

Residence of defendant (CPLR 503)

Question 15

Generally venue in a special proceeding is _______.

Answer 15

Any county within judicial district where action is triable (CPLR 506)

Question 16

Venue in real property actions is _______.

Answer 16

County where any of the property is situated (CPLR 507)

Question 17

Venue in an action to recover a chattel may be ______.

Answer 17

County where chattel is situated at time action is commenced.
(CPLR 508)

Question 18

T/F generally venue is the county designated by defendant.

Answer 18

False (CPLR 509)

Question 19

The court, upon motion, may change the place of trial of an action where:
A. The county designated for that purpose is not a proper county; T/F?
B. There is reason to believe that an impartial trial cannot be had in the proper county; T/F?
C. Convenience of material witnesses and ends of justice will be promoted by the change; T/F?

Answer 19

A. True B. True C. True (CPLR 510)

Question 20

A motion for change of venue based on improper venue must be served at least ____ days after demand for change of venue.

Answer 20

15 (CPLR 511)

Question 21

T/F In a consumer credit transaction clerk must accept all summonses for filing

Answer 21

False (CPLR 512)

Question 22

T/F parties may agree in writing to fix place of trial (venue)

Answer 22

True (CPLR 501)

Question 23

A party resident in two counties shall be deemed a resident of ____.

Answer 23

Both counties (CPLR 503)

Question 24

Executors, administrators, etc are deemed residents of county of appointment and county of:

Answer 24

Residence (CPLR 503)

Question 25

``` Choose the best answer: The venue (place of trial) may be fixed and thereafter enforceable if made by: A. Oral agreement B. Written agreement C. Oral or written agreement D. None of the above ```

Answer 25

B. Written agreement (CPLR 501)

Question 26

When there is a conflict as to the proper venue which resulted from a joinder of claims or parties, the court upon motion shall: A. Sever the claims B. Dismiss the cases without prejudice C. Select a venue which is proper to at least one of the parties or claims D. None of the above

Answer 26

C. (CPLR 502) | Select a venue which is proper to at least one of the parties or claims

Question 27

The venue of an action against regents of the City University of NY, commissioner of education, commissioner of taxation and finance, tax appeals (except 2016 of tax law), public service commission, commissioner of department of transportation (under specified articles of transportation or railroad law), water resources board, the comptroller or the department of agriculture and markets is _______________. A. Supreme Court, county of residence of defendant B. Supreme Court, county of residence of plaintiff C. Supreme Court, Albany county D. None of the above

Answer 27

C. (CPLR 506) | Supreme Court, Albany county

Question 28

The venue in a real property action is county _________. A. Of residence of plaintiff B. Of residence of defendant C. Where any part of the subject is situated D. None of the above

Answer 28

C. (CPLR 507) | Where any part of the subject is situated

Question 29

In an action to recover a chattel, venue may be in the county __________________. A. Of residence of plaintiff B. Of residence of defendant C. In which any part of the chattel is located at the time of the commencement of the action D. None of the above

Answer 29

C. (CPLR 508) | In which any part of the chattel is located at the time of the commencement of the action.

Question 30

Which of the following is not correct? A. Generally venue is based on residence B. A party 2 counties is deemed a resident of each county C. A corporation is deemed resident of county where its principal office is located D. Prior to an action the parties may not agree in writing to fix place of trial

Answer 30

D. (CPLR 503) | Prior to an action the parties may not agree in writing to fix place of trial

Question 31

Generally venue of special proceeding is A. Any county in judicial district where action is triable B. Any county within the state C. County of New York D. County of residence of petitioner only

Answer 31

A. (CPLR 506) | Any county in judicial district where action is triable

Question 32

Venue in a case involving really property is the: A. County of residence of plaintiff or adjoining county B. County where occurrence took place C. Place designated by court (ANY county in NYS) D. County where any part of the property is located

Answer 32

D. (CPLR 506) | County where any part of the property is located

Question 33

Generally the place of trial of an action is the county designated by: A. The court or referee B. The plaintiff C. The defendant D. The defendant or attorney for defendant

Answer 33

B. The plaintiff (CPLR 509)

Question 34

The court upon motion may change the place of trial of an action where 1. The county designated for that purpose is not a proper county 2. There is reason to believe an impartial trial cannot be had in that county 3. Convenience of a material witness and ends of justice will be promoted by the change A. 1 only B. 1 & 2 C. 1, 2 & 3 D. 1 & 3

Answer 34

C. 1, 2 and 3 (CPLR 510)

Question 35

Which is not correct? A. Demand for change of venue shall be served before or with the answer B. Change place of trial motion can be made after the action has been started C. In consumer credit transaction venue is designated by plaintiff D. Recovery of chattel venue may be county where any part of chattel is located

Answer 35

C. (CPLR 503f) | In consumer credit transaction venue is designated by plaintiff

Question 36

Which of the following choices is not correct? If filing of a consumer credit transaction summons and complaint is rejected due to improper venue, service is complete 10 days after proof of service of summons is filed in the proper county, along with proof of service on defendant of a registered or certified letter to defendant stating the following A. The county where filing was rejected B. The date of filing of the summons C. The date within which the answer or notice of appearance is to be filed D. The address at which it is to be filed

Answer 36

A. (CPLR 513) | The county where filing was rejected