CPLR Quiz Article 4 & Article 10

Question 1

In an action a summons and ______ are used.

Answer 1

Complaint

CPLR 402

Question 2

In a special proceeding a petition and_______are used. (

Answer 2

notice of petition (CPLR 402)

Question 3

Notice of petition must be served at least____ before hearing
time.

Answer 3

8 days

CPLR 403

Question 4

If notice of petition is served at least 12 days before hearing,
answer must be served at least____ before hearing if notice of
petition so specifies.

Answer 4

7 days

CPLR 403

Question 5

Motions in a special proceeding, made before the time at which
the petition is noticed to be heard, shall be heard
________ noticed to be heard

Answer 5

at that time

CPLR 406

Question 6

The court may sever a claim or counterclaim. T/F?

Answer 6

True
CPLR 407
Severance.

Question 7

Generally, in a special proceeding, leave of the court is not
required for disclosure. T/F?

Answer 7

False

CPLR 408

Question 8

The court shall make a summary determination upon the
pleadings, papers and admissions to the extent that no triable
issues of fact are raised. T/F?

Answer 8

True

CPLR 409

Question 9

The court, when making a determination on relief requested in a
special proceeding may make any orders permitted in a motion for
summary judgment. T/F?

Answer 9

True

CPLR 409

Question 10

The parties in a special proceeding are called:
A. claimant and respondent.
B. plaintiff and defendant
C. petitioner and respondent.
D. petitioner and defendant.

Answer 10

C

CPLR 401

Question 11

Petition and notice of petition must be served:
A. at least 3 days before hearing.
B. at least 5 days before hearing.
C. at least 8 days before hearing.
D. at least 12 days before hearing.

Answer 11

C

CPLR 403

Question 12

Choose the best answer: Court may order severance of a claim,
counterclaim, or cross-claim:
A. prior to commencement of trial only.
B. before the first witness is sworn.
C. at any time.
D. only upon motion of plaintiff or defendant.

Answer 12

C

CPLR 407

Question 13

If a notice of petition is served at least 12 days before hearing,
answer must be served 7 days before hearing if notice of petition
so demands. Any reply must be served at least____day(s) before
hearing time.
A. 1 B. 2 C. 3 D. none of the above.

Answer 13

A

CPLR 402

Question 14

If a notice of petition is served at least 12 days before hearing,
answer must be served 7 days before hearing if notice of petition
so demands. Any reply must be served at least____day(s) before
hearing time.
A. 1 B. 2 C. 3 D. none of the above.

Answer 14

A

CPLR 402

Question 15

If the motion to correct a pleading in a special proceeding is
granted, the party who made the motion shall serve and file his
answer within_____day(s) of service of the amended pleading. If
the motion is denied, he shall file his answer within____days of
service of the order denying the motion with notice of entry.
A. 5…2 B. 5…7 C. 8…2 D. 7…2

Answer 15

A

CPLR 405

Question 16

Parties should be joined when necessary for complete relief of
parties or when parties might be inequitably affected by a
judgment refers to a.) necessary or
b.) permissive joinder?

Answer 16

a.) necessary joinder (CPLR 1001)

Question 17

Misjoinder of parties is not ground for dismissal of an action. T/F?

Answer 17

True

CPLR 1003

Question 18

A_______is a person exposed to multiple liability as a result of
adverse claims.(

Answer 18

Stakeholder

CPLR 1006

Question 19

Defendant stakeholder may bring in a claimant who is not a party
by filing a summons and________

Answer 19

Interpleader complaint

CPLR 1006

Question 20

Third party summons and complaint and all prior pleadings shall
be served upon the third party defendant within ____ days of filing.

Answer 20

120

CPLR 1007

Question 21

Defendant serving a third party complaint shall be styled
a____________and the person so served shall be styled
a_________

Answer 21

Third party plaintiff / third party defendant

CPLR 1007

Question 22

A person may intervene a.) as of right
b.) by permission when the person’s claim or defense and the
main action have a common question of law or fact?

Answer 22

b.) by permission (CPLR 1013)

Question 23

Upon the substitution of a party in an action, the time for taking
procedural steps is extended until ______days after substitution is
made.

Answer 23

15

CPLR 1022

Question 24

Regarding intervention as of right, a person may intervene when:
1. a statute confers the absolute right to intervene. 2. judgment
on claim for damages to property might be favorable to his
interests.
A. 1 only B. 2 only C. both 1 & 2 D. neither 1 nor 2

Answer 24

A. (CPLR 1012)

Question 25

A person may intervene by permission: 1. when a statute confers the right to intervene in the discretion of the court. 2. when person’s claim/defense have common question law/fact with the main action.
A. 1 only B. 2 only
C. both 1 & 2 D. neither 1 nor 2

Answer 25

C (CPLR 1013)

Question 26

Upon substitution of party, time for taking procedural steps is
extended as to all parties until 15 days after___________.
A. motion for substitution was made
B. the answer is filed
C. service is complete
D. substitution is made

Answer 26

D

CPLR 1022

Question 27

Parties may be added at any stage of the action without leave of the court within ____ days after service of the original summons, or anytime before period for responding to that summons expires, or within _____ days after service of a pleading responding to the summons.
A. 10…10 B. 20…20 C. 15…15 D. 20…30

Answer 27

B

CPLR 1003

Question 28

A person who may be exposed to multiple liability as the result of adverse claims

Answer 28

STAKEHOLDER

Question 29

A person who has made OR CAN BE EXPECTED TO MAKE such a claim

Answer 29

Claimant

Question 30

The stakeholder can bring an _________ against two or more claimants

Answer 30

INTERPLEADER ACTION

Question 31

The defendant stakeholder can bring in claimants who are not parties by FILING a _______ and__________.

Answer 31

summons and interpleader complaint

Question 32

Pursuant to CPLR 406, motions in a special proceeding, made before the time at which the petition is noticed to be heard, shall be noticed to be heard:
A-at the same time the petition is noticed to be heard
B- 20 days before the petition is noticed to be heard
C- 20 days after the petition is noticed to be heard
D-motions may only be filed in actions and not in special proceedings.

Answer 32

A
Note: Motions in a special proceedings, made before the time at which the petition is noticed to be heard, shall be heard at that time. The quantity of motion practice associated with actions does not take place in special proceedings because special proceedings are pretty much comparable to motions, in that they are designed for a fast/quick hearing and determination. DO NOT THINK THAT MOTIONS ARE NOT PERMITTED IN SPECIAL PROCEEDINGS, but should a motion be made before the return date on the special proceeding hearing, IT (MOTION) MUST BE MADE RETURNABLE AT THE SAME TIME.

Question 33

True or False:
If triable issues of fact are raised during a special proceeding, they shall be tried forthwith and the court shall make a final determination thereon

Answer 33

Pursuant to CPLR 410: TRUE
Note: If triable issues of fact are raised during a special proceeding, they shall be tried forthwith and the court shall make a final determination thereon. If the issues are triable by a jury, the court shall give the parties an opportunity to demand a jury trial of such issues.
FAILURE TO DEMAND A JURY TRIAL DURING THE TIME LIMITED BY THE COURT, OR IF NO SUCH TIME IS LIMITED BEFORE THE TRIAL BEGINS, SHALL BE DEEMED A WAIVER OF THE RIGHT TO TRIAL BY JURY.