Article 50 Flashcards
Where a date certain for calculating interest is not in dispute, the ________ may fix a date
clerk
CPLR 5001
A judgment may be interlocutory or ________
final
CPLR 5011
A judgment dismissing a cause of action (before/after) the close of the proponent’s evidence is not a dismissal on the merits unless specifies otherwise
before
CPLR 5013
A judgment dismissing a cause of action (before/after) the close of the proponent’s evidence is a dismissal on the merits unless it specifies otherwise
after
CPLR 5013
The lien of a judgment on real property expires after ___ years
10
CPLR 5014
An action for a renewal judgment may be commenced during ( which period of time? ) prior to the expiration of 10 years since the first docketing of the judgment
the year prior
CPLR 5014
Judgment upon a general verdict of a jury shall be entered by _________.
the clerk
CPLR 5016
Amount of interest awarded on verdict, report or decision shall be computed by ___________.
the clerk of the court
CPLR 5001
The 3 general time periods for the calculation of interest on a judgment are:
- date of occurrence to date of decision/verdict
- date of decision/verdict to date of entry of judgment
- date of judgment entry to date of payment
CPLR 5002
Interest on a judgment shall be computed at the rate of ___ per cent per year, unless otherwise provided by statute
9
CPLR 5004
T/F? A judgment dismissing a cause of action before the close of the proponent’s evidence is a dismissal on the merits
False
CPLR 5012
Request for relief from a judgment based on excusable default must be made within __ after service of a copy of order or judgment with written notice of entry
one year
CPLR 5015
Upon a special verdict the ______ shall direct the entry of a judgment
the judge
CPLR 5016
The amount of interest shall be computed by \_\_\_\_\_\_\_\_\_\_\_ and included in the judgment A. attorney for the plaintiff B. attorney for defendant C. the court D. the clerk of the court
D. the clerk of the court
CPLR 5002
The lien of a judgment on real property expires after \_\_ years, but may be renewed by an action on a judgment and then docketing the renewal judgment. An action for a renewal judgment may be commenced during the year prior to the expiration of \_\_ years since the first docketing of the judgment A. 10...10 B. 15...15 C. 20...20 D. none of the above
A. 10…10
CPLR 5014
When a person entitled to enforce a judgment receives satisfaction or partial satisfaction of the judgment, he shall execute and file the proper satisfaction-piece or partial-satisfaction piece. He must also mail a copy to the judgment debtor within \_\_ days of filling A. 10 B. 20 C. 30 D. 45
A. 10
CPLR 5020
A motion for relief from judgment or order based on excusable default must be made within \_\_\_\_ of service of copy of judgment or order A. 30 days B. 90 days C. 1 year D. 5 years
C. 1 year
CPLR 5015
Penalty for failure to file a satisfaction piece within 20 days after receiving full satisfaction is
A. $100
B. $50 plus damages sustained for failure to file
C. $250
D. none of the above
A. $100
CPLR 5020
Generally, payments following settlement of a case are due as follows: Generally: payment is due within \_\_ days after tender of release from plaintiff. In cases where defendant is municipality, any subdivision thereof, or public corporation not indemnified by NYS: payment is due within \_\_ days after tender of executed release and discontinuance. In an action where defendant is state: \_\_ days after comptroller has determined he has received the required settlement papers A. 21...60...90 B. 21...90...90 C. 30...60...90 D. 30...90...90
B. 21…90…90
CPLR 5003
Choose the best answer: Interest is recoverable from
A. date cause of action arose to date of verdict, report or decision
B. date of verdict, report or decision to date of entry of judgment
C. from date of entry of judgment to date of payment
D. all of the above
D. all of the above
CPLR 5001
The current rate of interest on a judgment is
A. 9 per cent per year, compounded daily.
B. 6 per cent per year, compounded annually
C. 6% per year, on original judgment amount
D. 9 per cent per year, on original amount
D. 9 per cent per year, on original amount
CPLR 5004
Choose the best answer: A judgment which dismisses a cause of action prior to close of proponent’s evidence
A. is not a dismissal on the merits
B. is not a dismissal on the merits, unless it specifies otherwise
C. is a dismissal on the merits
D. none of the above
B. is not a dismissal on the merits, unless it specifies otherwise
CPLR 5011
