Article 10 Flashcards
_______ 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.
Permissive
CPLR 1002
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.
Without
CPLR 1004
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.
20
CPLR 1009
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.
Necessary
CPLR 1001
T/F Misjoinder of parties is not ground for dismissal of an action
True
CPLR 1003
A _____ is a person exposed to multiple liability as a result of adverse claims
Stakeholder
CPLR 1006
Defendant stakeholder may bring in a complaint who is not a party by filing a summons and _____.
Interpleader complaint
CPLR 1006
Third party summons and complaint and all prior pleadings shall be served upon the third party defendant within __ days of filing.
120
CPLR 1007
Defendant serving a third party complaint shall be styled a ___________ and the person so served shall be styled a __________.
Third party plaintiff; third party defendant
CPLR 1007
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.
By permission
CPLR 1013
Upon their substitution of a party in an action, the time for taking procedural steps is extended until __ days after substitution is made.
15
CPLR 1022
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.
Attorney general
CPLR 1012
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.
Comptroller
CPLR 1012
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”
True
CPLR 1024
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.
True
CPLR 1025
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.
Chief administrator of the courts
CPLR 1026
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
A. Whether plaintiff does not have another remedy if action is dismissed because of nonjoinder
CPLR 1001
(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
D. All of the above
CPLR 1003
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
D. All choices are correct
CPLR 1007
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
A. 1
CPLR 1012
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
C. 1 & 2
CPLR 1013
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
D. Substitution is made
CPLR 1022
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
B. 20…20
CPLR 1003
When a person who should be joined refuses to do so he may be made a _______.
Defendant
CPLR 1001
