Article 50

Question 1

Where a date certain for calculating interest is not in dispute, the ________ may fix a date

Answer 1

clerk

CPLR 5001

Question 2

A judgment may be interlocutory or ________

Answer 2

final

CPLR 5011

Question 3

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

Answer 3

before

CPLR 5013

Question 4

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

Answer 4

after

CPLR 5013

Question 5

The lien of a judgment on real property expires after ___ years

Answer 5

10

CPLR 5014

Question 6

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

Answer 6

the year prior

CPLR 5014

Question 7

Judgment upon a general verdict of a jury shall be entered by _________.

Answer 7

the clerk

CPLR 5016

Question 8

Amount of interest awarded on verdict, report or decision shall be computed by ___________.

Answer 8

the clerk of the court

CPLR 5001

Question 9

The 3 general time periods for the calculation of interest on a judgment are:

Answer 9

1. date of occurrence to date of decision/verdict
2. date of decision/verdict to date of entry of judgment
3. date of judgment entry to date of payment

CPLR 5002

Question 10

Interest on a judgment shall be computed at the rate of ___ per cent per year, unless otherwise provided by statute

Answer 10

9

CPLR 5004

Question 11

T/F? A judgment dismissing a cause of action before the close of the proponent’s evidence is a dismissal on the merits

Answer 11

False

CPLR 5012

Question 12

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

Answer 12

one year

CPLR 5015

Question 13

Upon a special verdict the ______ shall direct the entry of a judgment

Answer 13

the judge

CPLR 5016

Question 14

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

Answer 14

D. the clerk of the court

CPLR 5002

Question 15

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

Answer 15

A. 10…10

CPLR 5014

Question 16

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

Answer 16

A. 10

CPLR 5020

Question 17

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

Answer 17

C. 1 year

CPLR 5015

Question 18

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

Answer 18

A. $100

CPLR 5020

Question 19

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

Answer 19

B. 21…90…90

CPLR 5003

Question 20

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

Answer 20

D. all of the above

CPLR 5001

Question 21

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

Answer 21

D. 9 per cent per year, on original amount

CPLR 5004

Question 22

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

Answer 22

B. is not a dismissal on the merits, unless it specifies otherwise

CPLR 5011