Article 10

Question 1

_______ joinder refers to instances where the parties (both plaintiffs and defendants) may be joined if they assert (or is asserted against them) any right to relief jointly, severally, or arising out of the same transaction or occurrence and a common question of law or fact would raise.

Answer 1

Permissive

CPLR 1002

Question 2

Executor, administrator, guardian of property of an infant, committee of property of person judicially declared incompetent , conservator of property of a conservatee, etc. may sue or be sued (with? / without?) joining with him person for or against whose interest action is brought.

Answer 2

Without

CPLR 1004

Question 3

Within ___ days of service of answer by third party defendant upon plaintiff, plaintiff may amend his complaint to assert against third party defendant any claim that plaintiff has against third party defendant.

Answer 3

20

CPLR 1009

Question 4

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

Answer 4

Necessary

CPLR 1001

Question 5

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

Answer 5

True

CPLR 1003

Question 6

A _____ is a person exposed to multiple liability as a result of adverse claims

Answer 6

Stakeholder

CPLR 1006

Question 7

Defendant stakeholder may bring in a complaint who is not a party by filing a summons and _____.

Answer 7

Interpleader complaint

CPLR 1006

Question 8

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

Answer 8

120

CPLR 1007

Question 9

Defendant serving a third party complaint shall be styled a ___________ and the person so served shall be styled a __________.

Answer 9

Third party plaintiff; third party defendant

CPLR 1007

Question 10

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

Answer 10

By permission

CPLR 1013

Question 11

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

Answer 11

15

CPLR 1022

Question 12

When constitutionality of a state statute, rule or regulation is involved in an action in which state is not a party, the __________ shall be notified and permitted to intervene.

Answer 12

Attorney general

CPLR 1012

Question 13

Where public retirement benefits are at issue in an action, the court shall notify the ______ who shall be permitted at his discretion to intervene or file an amicus curiae.

Answer 13

Comptroller

CPLR 1012

Question 14

T/F A party may proceed against an unknown party by designated so much of his name and identity as is known. Example: James Madden vs. David “Doe”

Answer 14

True

CPLR 1024

Question 15

T/F Two or more persons conducting a business as a partnership may sue or be sued in partnership name, and actions may be brought by or against president or treasurer of an unincorporated association on behalf of association.

Answer 15

True

CPLR 1025

Question 16

In any proceeding to review the determination of the chief judge of the court of appeals or of the administrative board of the courts, made pursuant to 7-A of the judiciary law or section or article 6 of the NYS constitution, the only proper party to be named therein shall be the __________________ in his representative capacity.

Answer 16

Chief administrator of the courts

CPLR 1026

Question 17

Which of the following 5 choices is false? When a person who should be joined refuses to do so he may be made a defendant. Joinder may be excused by court when jurisdiction over person can only be obtained by his consent or appearance. In determining whether to allow the action to proceed without the party, the court shall consider:
A. Whether plaintiff does not have another remedy if action is dismissed because if nonjoinder
B. The prejudice caused to the person who is not joined
C. Whether and by whom prejudice may be avoided
D. Feasibility or a protective provision in a court order or judgment
E. Whether an effective judgment may be rendered even if person is not joined

Answer 17

A. Whether plaintiff does not have another remedy if action is dismissed because of nonjoinder

CPLR 1001

Question 18

(CPLR 1003: nonjoinder). Choose the best answer. Parties may be added at any stage of the action WITHOUT leave of the court within
A. 20 days after service of the original summons
B. Anytime before the period for responding to that summons expires
C. Within 20 days after service of a pleading responding to the summons
D. All of the above

Answer 18

D. All of the above

CPLR 1003

Question 19

Which of the following choices is best answer? When third party practice is allowed, after service of his answer, a defendant may proceed against person liable for all or part of plaintiff’s claim.
A. The third party summons and complaint and all prior pleadings shall be served on third party defendant (and a copy to the plaintiff) within 120 days of the filing.
B. Separate index number shall not be issued
C. A separate index number fee shall be collected
D. All choices are correct

Answer 19

D. All choices are correct

CPLR 1007

Question 20

Regarding intervention as of right, s 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
B. 2
C. 1 & 2
D. Neither 1 nor 2

Answer 20

A. 1

CPLR 1012

Question 21

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 main action
A. 1
B. 2
C. 1 & 2
D. Neither 1 nor 2

Answer 21

C. 1 & 2

CPLR 1013

Question 22

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 22

D. Substitution is made

CPLR 1022

Question 23

Parties may be added at any stage of the action without leave of the court within \_\_ days after service of the original summons, or any time before the 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 23

B. 20…20

CPLR 1003

Question 24

When a person who should be joined refuses to do so he may be made a _______.

Answer 24

Defendant

CPLR 1001