Article 2 Flashcards
T/F
The parties may agree in writing to a a shorter time than that listed in this article
True
CPLR 201
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.)
In favor
CPLR 202
In an action commenced by service, the claim is interposed when the summons and complaint are served or filed?
Served
CPLR 203
For an action to be commenced timely, the claim must be _______ within the prescribed S/L.
Interposed
CPLR 203
If a person leaves the state, S/L tolls after person is outside state for _____ months.
4
CPLR 207
S/L in an action to recover interest or principal on a bond issued by the state is ______.
20 years
CPLR 211
S/L in action to recover real property or its possessions is _______.
10 years
CPLR 212
S/L action on a contract or where no specific S/L is prescribed is _________.
6 years
CPLR 213
S/L Proceeding against a body or officer (Article 78 proceeding) is __________.
4 months
CPLR 217
S/L for an action for support, alimony, or maintenance based upon default in payment is ___________.
20 years
CPLR 211
S/L on an action on mortgage upon real property is ______.
6 years
CPLR 213
T/F
No court shall extend the time limited by law for the commencement of an action.
False
CPLR 201
S/L on a residential rent overcharge is _____.
4 years
CPLR 213-a
S/L on an action to recover chattel is _____.
3 years
CPLR 214
S/L for an action for which no specific statute of limitations is prescribed is _____.
6 years
CPLR 213
S/L on an action for personal injury is _____.
3 years
CPLR 214
S/L on an action upon an arbitration award is ______.
1 year
CPLR 215
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
D. action to recover real property or its possessions
CPLR 211 and 212
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
D. action for which no specific statute of limitations is prescribed
CPLR 213
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
D. Both statements are correct
CPLR 201
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
D. Both statements are correct
CPLR 203
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
B. he returns or comes into the state
CPLR 207
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
C. 4 months
CPLR 207
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
B. 1, 2 and 3
CPLR 207
S/L on a contract is \_\_\_\_ years A. 2 B. 4 C. 6 D. 7
C. 6 years
CPLR 213
S/L on an arbitration award is \_\_\_\_\_ years A. 1 B. 2 C. 3 D. none of the above
A. 1
CPLR 215
S/L on an action for which no specific S/L is prescribed is \_\_\_\_\_ years. A. 2 B. 4 C. 6 D. 7
C. 6
CPLR 213
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
D. 10
CPLR 208
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
A. 1 year…. 18 months
CPLR 210
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
D. 1, 2 and 3
CPLR 205
