Article 50 Judgments Generally Flashcards
CPLR 5001
If a plaintiff is successful on a cause of action for breach of contract, what is the earliest date from which he may recover interest on the sum awarded?
(a) The date of breach.
(b) The date of entry of judgment.
(c) The date of the verdict.
(d) The date upon which all appeals have been exhausted.
Answer: (a)
CPLR 5001(b) provides that interest shall be computed from the earliest ascertainable date the cause of action existed (i.e., the date of breach). Thus, choice (a) is correct.
CPLR 5002
Who computes the amount of interest included in the judgment?
(a) The jury.
(b) The judge.
(c) The clerk of the court.
(d) The plaintiff.
Answer: (c)
CPLR 5002 provides that the amount of interest shall be computed by the clerk of the court and included in the judgment. Thus, choice (c) is correct.
CPLR 5003
Interest is recoverable for the period between the entry of the judgment and satisfaction of the judgment:
(a) in contract cases only
(b) in personal injury cases only
(c) in equity cases only
(d) with respect to any money judgment.
Answer: (d)
CPLR 5003 provides that every money judgment shall bear interest from the date of its entry. Thus, choice (d) is correct.
CPLR 5003-a
Assume a natural person settles a claim brought against him. Within how many days after tender to him of a release and a stipulation of discontinuance by the plaintiff must the settling defendant pay all sums due by the settlement?
(a) 15
(b) 21
(c) 30
(d) 45.
Answer: (b)
CPLR 5003-a provides that the settling defendant must pay all sums due within 21 days of the tender of the release and stipulation of discontinuance. Other provisions apply when the state or a municipality are the settling defendants.
CPLR 5003-b
Special rules pertain to non-disclosure agreements related to _____________ claims such that plaintiff has 21 days to consider whether such non-disclosure agreement is his or her preference.
(a) wage and hour law
(b) workers compensation
(c) discrimination
(d) harassment.
Answer: (c)
CPLR 5003-b pertains to certain discrimination claims or actions.
CPLR 5004
Except where otherwise provided by statute, interest upon a judgment is computed at which of the following rates:
(a) six percent per year
(b) nine percent per year
(c) twelve percent per year
(d) the discount rate for that week as established by the Federal Reserve.
Answer: (b)
CPLR 5004 provides that interest shall be of the rate of nine percent per year.
CPLR 5011
Select the best answer.
(a) A judgment is the determination of the rights of the parties in an action.
(b) A judgment is the determination of the rights of the parties in a special proceeding.
(c) A judgment may be either interlocutory or final.
(d) Only (a) and (c) are correct.
(e) (a), (b) and (c) are all correct.
Answer: (e)
CPLR 5011 provides that a judgment is the determination of the rights of the parties in an action or special proceeding and may be either interlocutory or final. Thus, choices (a), (b) and (c) are all correct.
CPLR 5012 and 5013
Select the best answer.
(a) If a court orders a severance, it may direct judgment upon a part of a cause of action.
(b) A judgment dismissing a cause of action before the close of the proponent’s evidence is not a dismissal on the merits unless it specifies otherwise.
(c) A judgment dismissing a cause of action after the close of the proponent’s evidence is a dismissal on the merits unless it specifies otherwise.
(d) Only (b) and (c) are correct.
(e) (a), (b) and (c) are all correct.
Answer: (e)
CPLR 5012 provides that the court, having ordered a severance, may direct judgment upon a part of a cause of action. Thus, choice (a) is correct. CPLR 5013 provides that a judgment dismissing a cause of action before the close of the proponent’s evidence is not a dismissal on the merits unless it specifies otherwise, but a judgment dismissing a cause of action after the close of the proponent’s evidence is a dismissal on the merits unless it specifies otherwise. Thus, choices (a), (b) and (c) are correct.
CPLR 5015
Select the best answer.
Which of the following is a proper ground to vacate a judgment?
(a) excusable default
(b) fraud on the part of an adverse party
(c) lack of jurisdiction to render a judgment
(d) only (b) and (c) are correct
(e) (a), (b) and (c) are all correct.
Answer: (e)
CPLR 5015(a) provides that all of the grounds listed in the question are proper grounds for vacating a judgment.
CPLR 5016
A judgment is entered when:
(a) it is signed by the judge
(b) filed with the county clerk
(c) signed and filed by the clerk of the court
(d) none of the above.
Answer: (c)
CPLR 5016(a) provides that a judgment is entered when, after it has been signed by the clerk, it is filed by him. Thus, choice (c) is correct.
CPLR 5017
Select the best answer.
A judgment roll may be prepared by:
(a) the attorney for the party at whose instance the judgment is entered
(b) the clerk of the court
(c) both (a) and (b) are correct
(d) neither (a) nor (b) is correct.
Answer: (c)
CPLR 5017(a) provides that a judgment roll shall be prepared by the attorney for the party at whose instance the judgment is entered or by the clerk. Thus, both choices (a) and (b) are correct. The judgment roll is filed by the clerk when he enters the judgment. CPLR 5017(b) provides that the judgment roll shall contain the summons, pleadings, admissions, each judgment and each order involving the merits or necessarily affecting the final judgment.
CPLR 5018
Select the correct statement as to docketing a judgment.
(a) It may be docketed only in the county where it was obtained.
(b) All judgments are docketed in the office of the New York Secretary of State, for state-wide registration and enforcement.
(c) A judgment entered and docketed in one county may also be docketed in another county upon filing a transcript there of the original judgment.
(d) Leave of court must be obtained before a judgment can be docketed in a county other than that in which it was first entered.
Answer: (c)
CPLR 5018(a) states that upon the filing of a transcript of the docket of a judgment which has been docketed in the office of the clerk of the county in which it was entered, the clerk of any other county in the State shall docket the judgment. Thus, choice (c) is correct. All other choices are unsupported by the CPLR.
CPLR 5019
Select the correct statement as to mistakes, defects or irregularities in a judgment or order:
(a) A judgment or order is not affected by a mistake, defect or irregularity not affecting a substantial right of a party
(b) A mistake, defect or irregularity of any kind in a judgment or order nullifies the judgment or order
(c) Only an appellate court can correct a mistake, defect or irregularity in a judgment or order
(d) A county clerk is authorized to correct an obvious mistake, defect or irregularity in a judgment or order.
Answer: (a)
CPLR 5019(a) states that a judgment or order shall not be stayed, impaired or affected by any mistake, defect or irregularity not affecting a substantial right of a party. Thus, choice (a) is correct. The other choices are unsupported by the CPLR.
CPLR 5020
A satisfaction piece is a(n):
(a) accord and satisfaction entered into between the parties
(b) declaration that the parties are satisfied with the judgment and do not wish to appeal
(c) order by the judge which satisfies the obligations of each party
(d) paper filed by the judgment creditor showing that he has received payment on the judgment.
Answer: (d)
CPLR 5020(a) provides that when a person entitled to enforce a judgment receives satisfaction of the judgment, he shall execute and file with the proper clerk, a satisfaction piece acknowledged in the form required to entitle a deed to be recorded. Thus, choice (d) is correct.
CPLR 5020
Select the incorrect statement(s) based on the following scenario.
When a person required to execute and file a satisfaction-piece with the proper clerk fails or refuses to do so within the prescribed 20 days:
(a) no penalty is provided by the CPLR; the satisfaction remedy is to seek a judgment for criminal contempt
(b) a judgment for less than $5,000 shall incur a penalty of $100; a judgment for $5,000 or more shall incur a penalty of $500, each recoverable by the judgment debtor
(c) penalties are generally not recoverable when a city with a population of one million persons is the judgment creditor
(d) an exception to (d) is when the creditor fails to execute and file a satisfaction-piece within 20 days of being served with a written demand by certified mail, return receipt requested.
Answer: (a)
Statement (a) is clearly incorrect per subdivision (c) of CPLR 5020.
