CPLR Quiz Articles 1 & 2

Question 1

NYCPLR/ means :

Answer 1

New York Civil Practice Laws and Rules

Question 2

NY Trial Courts: (9 total)

Answer 2

1. Supreme Court
2. Family Court
3. Surrogate’s Court
4. County Court
5. NYC Civil Court
6. District Court
7. City Court
8. Town and Village Court (Justice Court)
9. Court of Claims

Question 3

NY Appellate Courts(4):

Answer 3

1. Court of Appeals + 3 Intermediate Appellate Courts
2. Supreme court, Appellate Division
3. Supreme court, Appellate Term
4. County courts

Question 4

NY Court of appeals:

1. is the _____ court
2. Statewide ___________________ in civil matters
3. Generally, hears appeals of decisions by lower appellate courts, but, in limited instances, may hear appeals from _____
4. Review usually confined to _____________

Answer 4

1. Highest court
2. appellate jurisdiction
3. trial courts
4. questions of law

Question 5

\_\_\_\_\_\_\_\_\_\_\_ is a court's competence to hear and determine cases of the general class and subject to which the
proceeding in question belongs

Answer 5

Subject Matter Jurisdiction (SMJ)

• Objection to SMJ can be presented at any stage of proceeding
• Cannot be waived or agreed to by parties

Question 6

What are the rules/when Foreign Corporations can sue/be sued in NY?

Answer 6

A foreign corporation doing business in New York without authority may not initiate suit in New York courts unless it has paid all applicable fees, penalties, and taxes
Actions against foreign corporations by New York individuals or corporations are permitted

Question 7

What is the SOL on:

1. Recover principal/interest on bonds
2. Enforce a money judgment
3. By state or its grantee to recover real property
4. Support, alimony, or maintenance

Answer 7

20 year SOL

Question 8

What is the SOL on:

1. Recover real property or its possession
2. Recover premises after a state grant of real property is annulled due to fraud/mistake
3. Redeem real property from mortgage
4. Recover under affidavit of support amounts paid to/on behalf of an alien

Answer 8

10 year SOL

Question 9

What is the SOL for:
Action by a crime victim to recover damages from convicted perpetrator, generally. BUT, victim must bring action to recover money damages from convicted perpetrator w/in 3 years of discovery of any profits from crime PLUS, any action by victim of a felony to recover damages from convicted perpetrator must be brought w/in 10 years of the date of conviction

Answer 9

7 year SOL

Question 10

What is the SOL for:

1. DEFAULT- when no specific SOL applies
2. Express/implied contract (except sale of goods- 4 yr)
3. Sealed instrument
4. real prop mortgage, bond or note securing mortgage
5. By state for misappropriation/spoliation of pub prop
6. Based on mistake/other equitable action
7. Derivative actions
8. Based on fraud
9. For contribution from other tortfeasors

Answer 10

6 year SOL

Question 11

** double check this one in statute**
What is the SOL for:
Action by victim of sexual abuse against a child to recover for injuries caused by
perpetrator, whether or not convicted

Answer 11

15 year SOL

Question 12

What is the SOLS for:

1. Overcharge of residential rent
2. Breach of contract for sale of goods
3. Against a housing merchant for breach of implied warranty on sale of new home

Answer 12

4 year SOL

Question 13

What is the SOL for:

1. Against sheriff or other officer for nonpayment of funds collected on execution of judgment
2. Statutory liability, penalty, or forfeiture
3. Recover chattel or damages for taking/detaining it
4. Property damage or personal injuries
5. Annul marriage due to fraud
6. Professional malpractice (other than medical, dental, podiatric malpractice)
7. Damages due to strict product liability
8. Neg hiring or administrative procedures in hospitals

Answer 13

3 year SOL

Question 14

What is the SOL for:
Medical, dental, or podiatric malpractice, including lack of informed consent *If action is for foreign object unintentionally left in a patient, action must be brought w/in 1 year of discovery, or the date of discovery of facts that would lead to such discovery (whichever is earlier)

Answer 14

2 year, 6 months SOL

Question 15

What is the SOL for:

Wrongful death

Answer 15

2 year SOL

Question 16

What is the SOL for:
Actions against a village over a contract
*Written claim must be filed with village clerk w/in 1 year of accrual

Answer 16

18 months SOL

Question 17

What is the SOL for:
Actions in tort against municipalities
* Notice of claim must be filed w municipality w/in 90 days of accrual
*Action cannot be brought until at least 30 days after filing notice of claim w/out payment
* Villages must be given written notice of dangerous/defective conditions of public ways, and given a reasonable time to correct condition

Answer 17

1 year, 90 days SOL

Question 18

What is the SOL for:

Article 78 proceedings

Answer 18

4 Months SOL

Question 19

In rules for extending/shortening SOL, when shortening, parties may agree _______ to shorten the limitations period.

Answer 19

in writing

Question 20

In rules for extending/shortening SOL for sale of goods, SOL can’t reduce to____________.

Answer 20

less than one year

Question 21

In rules for extending/shortening SOL for extending, parties to a contract may agree to extend limitations period, in a writing signed by the party against whom enforcement is sought, but only if _____________.

Answer 21

if the agreement is entered after accrual of

the cause of action.

Question 22

In rules for extending/shortening SOL for the sale of goods, it can’t extend beyond _________

Answer 22

four years

Question 23

______ means the Defendant may be deemed to have waived SOL defense if Defendant fails to timely assert it

Answer 23

Waiver of SOL

Question 24

SOL for Breach of Contract
(Real Estate Contract, Employment Contract, Service Contract, Contract to Build):
______from date cause of action accrued. ________ is generally date of breach
-Date of breach on construction contract is generally date of completion
But terms of contract can affect date of breach

Answer 24

6 years …. Accrual date

Question 25

_______ is a Legal action to recover personal property from Defendant, which belongs to Plaintiff, and Defendant has wrongfully refused to return after Plaintiff made demand for it.

Answer 25

Replevin Action

Question 26

SOL for action based on fraud = the later of:

(i) ____ from date Defendant induced Plaintiff by fraud to suffer injury, or
(ii) ____ from date Plaintiff discovered fraud

Answer 26

6 yrs…. 2 years

Question 27

SOL Medical malpractice

Generally accrues on date of malpractice

Answer 27

2 years and 6 months
For continuous treatment of the same condition, claim accrues at last treatment that gives rise to the malpractice act, omission, or failure (typically date of patient’s last visit with physician, but may be date of a scheduled visit for further treatment) *Checkups are not continuous treatment

Question 28

Special Rules for Medical Malpractice SOL:
1. Continuous Treatment Doctrine:
The 2 years and 6 months doesn’t begin to run until _________ where the medical malpractice occurred.

Answer 28

the date of last treatment

Question 29

2. Foreign Object Doctrine:
   P will have the later of the
   (i) applicable SOL (2 yrs & 6 months) or,
   (ii) 1 year from date__________ the object by exercise of due diligence.

Answer 29

date P discovered or should have discovered

Question 30

When an infant P is injured by malpractice, P will have the _____ of

(i) 2 yrs & 6 months from date of 18th birthday, or
(ii) 10 yrs from date cause action of action accrued

Answer 30

the shorter

Question 31

Service of Process on an Infant:
1. Infant at least 14: Under the CPLR when the infant defendant is at least _______ service of process must be made upon (i) an adult with whom the infant resides and (ii) the infant himself.
Service of process on infant who lives on his own can be made on infants ER.
P must obtain an order for expedient when infant lives on his own.

Answer 31

14 year old