Article 2

Question 1

T/F

The parties may agree in writing to a a shorter time than that listed in this article

Answer 1

True

CPLR 201

Question 2

If a cause of action accrues outside NYS, shorter statute of limitations (S/L) of the two states applies. (If cause of action accrues _______ of NYS resident, the S/L of NYS applies.)

Answer 2

In favor

CPLR 202

Question 3

In an action commenced by service, the claim is interposed when the summons and complaint are served or filed?

Answer 3

Served

CPLR 203

Question 4

For an action to be commenced timely, the claim must be _______ within the prescribed S/L.

Answer 4

Interposed

CPLR 203

Question 5

If a person leaves the state, S/L tolls after person is outside state for _____ months.

Answer 5

4

CPLR 207

Question 6

S/L in an action to recover interest or principal on a bond issued by the state is ______.

Answer 6

20 years

CPLR 211

Question 7

S/L in action to recover real property or its possessions is _______.

Answer 7

10 years

CPLR 212

Question 8

S/L action on a contract or where no specific S/L is prescribed is _________.

Answer 8

6 years

CPLR 213

Question 9

S/L Proceeding against a body or officer (Article 78 proceeding) is __________.

Answer 9

4 months

CPLR 217

Question 10

S/L for an action for support, alimony, or maintenance based upon default in payment is ___________.

Answer 10

20 years

CPLR 211

Question 11

S/L on an action on mortgage upon real property is ______.

Answer 11

6 years

CPLR 213

Question 12

T/F

No court shall extend the time limited by law for the commencement of an action.

Answer 12

False

CPLR 201

Question 13

S/L on a residential rent overcharge is _____.

Answer 13

4 years

CPLR 213-a

Question 14

S/L on an action to recover chattel is _____.

Answer 14

3 years

CPLR 214

Question 15

S/L for an action for which no specific statute of limitations is prescribed is _____.

Answer 15

6 years

CPLR 213

Question 16

S/L on an action for personal injury is _____.

Answer 16

3 years

CPLR 214

Question 17

S/L on an action upon an arbitration award is ______.

Answer 17

1 year

CPLR 215

Question 18

Which of the following S/L is not 20 years?
A. action to recover interest on principal on a bond issued
issued by NYS
B. action on a money judgment (extended IF debtor or his representative makes partial payment)
C. action by state for real property
D. action to recover real property or its possessions

Answer 18

D. action to recover real property or its possessions

CPLR 211 and 212

Question 19

Which of the following S/L is not 10 years?
A. action to recover real property or its possessions
B. action to recover letters patent after patent declared void
C. action to recover real property after grant is declared void
D. action for which no specific statute of limitations is prescribed

Answer 19

D. action for which no specific statute of limitations is prescribed

CPLR 213

Question 20

Which of the following 2 statements are correct?
1. No court shall extend the time limited by law for the
commencement of an action.
2. The parties may agree to a shorter time than listed in
CPLR Article 2.
A. Both statements are not correct
B. Only statement 1 is correct
C. Only statement 2 is correct
D. Both statements are correct

Answer 20

D. Both statements are correct

CPLR 201

Question 21

Which of the following 2 statements are correct?
1. In an action which is commenced by service, a claim
is interposed when the summons is served upon the
defendant.
2. In an action commenced by filing, a claim is
interposed when the summons and complaint or
summons with notice is filed.
A. Both statements are not correct
B. Only statement 1 is correct
C. Only statement 2 is correct
D. Both statements are correct

Answer 21

D. Both statements are correct

CPLR 203

Question 22

If a defendant is outside NYS when a cause of action accrues against him, S/L starts to run when:
A. the answer is filed
B. he returns or comes into the state
C. he leaves the state
D. the summons is served

Answer 22

B. he returns or comes into the state

CPLR 207

Question 23

If a person leaves the state after a cause of action has accrued against him, the statute of limitations TOLLS (stops running) after he has been outside the state for \_\_\_\_\_\_.
A. 1 year
B. 6 months
C. 4 months
D. 1 month

Answer 23

C. 4 months

CPLR 207

Question 24

If a person against whom a cause of action has accrued lives under a false name that is unknown to the person entitled to commence the action, the S/L tolls (stops running). HOWEVER, the above rule does NOT apply IF:
1. there is a designated person to whom summons may be
served in NYS, or
2. a foreign corporation has a person or officer in NYS to
whom service may be made, or
3. jurisdiction may be obtained without personal delivery
of summons in NYS to defendant
A. 1 and 2 only
B. 1, 2 and 3
C. 2 and 3 only
D. 1 and 3 only

Answer 24

B. 1, 2 and 3

CPLR 207

Question 25

S/L on a contract is \_\_\_\_ years
A. 2
B. 4
C. 6
D. 7

Answer 25

C. 6 years

CPLR 213

Question 26

S/L on an arbitration award is \_\_\_\_\_ years
A. 1
B. 2
C. 3
D. none of the above

Answer 26

A. 1

CPLR 215

Question 27

S/L on an action for which no specific S/L is prescribed is \_\_\_\_\_ years.
A. 2
B. 4
C. 6
D. 7

Answer 27

C. 6

CPLR 213

Question 28

The S/L is extended in cases where person entitled to commence action is under a disability because of infancy or insanity. In such cases, S/L period is extended to 3 years after termination of disability (IF S/L period was 3 years or more and expired no later than 3 years after disability ended). If time otherwise limited is less than 3 years, time shall be extended by period of disability. Generally, time within which action must be commenced shall not be extended by beyond \_\_\_\_ years after cause of action accrues (Exception: medical, dental, or podiatric malpractice where the person was under a disability due to infancy).
A. 5 
B. 7
C. 8
D. 10

Answer 28

D. 10

CPLR 208

Question 29

Generally, death of claimant before commencement of action extends time to commence action to after the death of the claimant by \_\_\_\_. (Claim is commenced by the deceased's representative). In cases where the person liable (the defendant) dies, the S/L is extended by \_\_\_\_\_.
A. 1 year... 18 months
B. 18 months... 1 year
C. 1 year... 2 years
D. None of the above

Answer 29

A. 1 year…. 18 months

CPLR 210

Question 30

Generally, plaintiff (or executor or administrator) may start new action within 6 months of termination of previous action if new action would have been timely commenced at start of previously terminated action and that service upon defendant is made within such 6 month period. This does NOT apply if previous action was terminated because of:
1. voluntary discontinuance or final judgment on the
merits
2. failure to obtain personal jurisdiction over the
defendant
3. dismissal for failure to prosecute the action
A. 1 only
B. 2 only
C. 1 and 2 only
D. 1, 2 and 3

Answer 30

D. 1, 2 and 3

CPLR 205