civil court Flashcards
1
Q
(CPLR 101) T/F, Generally, the CPLR applies in all civil & criminal proceedings
A
False
2
Q
(CPLR 103) All civil proceedings shall be prosecuted in the form of a(n)
A
Action
3
Q
(CPLR 103) T/F, Generally, if a proceeding is brought in an improper form, the court shall dismiss the proceeding
A
False If proceeding is brought in an improper form, the court, if it has obtained jurisdiction, shall make whatever order is required for its proper prosecution
4
Q
(CPLR 104) T/F, The CPLR shall be strictly construed
A
False shall liberally construed (interpreted) to secure the just, speedy and inexpensive determination of every judicial proceeding
5
Q
(CPLR 105-B) The parties in an action are termed
A
Plaintiff & Defendant
6
Q
(CPLR 105-B) The parties in a special proceeding are termed
A
Petitioner & Respondent
7
Q
(CPLR 105-C) The word _____ includes a party prosecuting or defending an action in person
A
attorney
8
Q
(CPLR 105-E) As used in the CPLR, the word “clerk” in supreme and county court shall mean the clerk of the
A
county
9
Q
(CPLR 105-B) Which refers to an action: summons & complaint? or petition & notice of petition
A
summons and complaint
10
Q
(CPLR 105-F) In a consumer credit transaction, credit is extended to individuals for personal, _______, or household purposes
A
family An example would be the purchase of a washing machine, dinette set, etc.)
11
Q
(CPLR 105-H) A domestic corporation is a corporation created under NYS laws, or located in NYS & created under the laws of
A
the United States Note that a New Jersey corporation is considered a “foreign” corporation)
12
Q
(CPLR 105-H) A garnishee is a person who owes a debt to a judgment
A
debtor A garnishee is a person who owes a debt to a judgment debtor.
13
Q
)(CPLR 105-J) An INFANT is a person who has not attained the age of
A
18
14
Q
(CPLR 105-K) A judgment can be final or
A
interlocutory means “temporary”
15
Q
(CPLR 105-L) A judgment _____ is a person in whose favor a money judgment is entered or a person who is entitled to enforce it
A
creditor “judgment creditor” is a person in whose favor a money judgment is entered or a person who is entitled to enforce its
16
Q
(CPLR 105-M) A judgment _____ is a person against whom a money judgment is entered
A
debtor “judgment debtor” is a person against whom a money judgment is entered
17
Q
(CPLR 105-H) T/F, “Domestic Corporation” means a corporation created under laws of a state other than NYS
A
false
18
Q
(CPLE 107) The _____ shall have the power to adopt, amend, and rescind an appendix of forms
A
state administrator
19
Q
(CPLR 105 S-1) SHERIFF, as used in CPLR, shall also mean ____ as defined in New York City Civil Court Act
A
Marshal Sheriff, as used in CPLR, shall also mean “marshal”
20
Q
In a special proceeding the parties are termed:
a; plaintiff & respondent c; plaintiff & defendant
b; petitioner & defendant d; petitioner & respondent
A
D (CPLR 105)
21
Q
In an action the parties are termed;
a; plaintiff & respondent c; plaintiff & defendant
b. petitioner & defendant d; claimant & defendant
A
C (CPLR 105)
22
Q
Which of the following is not correct? In a consumer transaction, credit is extended to individuals for which purposes?
a; personal purpose c; household purposes
b; family purposes d; business purposes
A
D (CPLR 105-F)
In a consumer credit transaction, credit is extended to individuals for personal, family, or household purposes and NOT business purposes
23
Q
Choose the best answer. A judgment can be:
a; temporary or interlocutory only c interlocutory only
b; final only d; final or interlocutory
A
D (CPLR 105-K)
24
Q
A domestic corporation may be a corporation
1. created under NYS laws
2. created under Maryland laws
3. located in NYS and created under United States laws
a; 1 only c; only 1 & 3
b; 1,2,& 3 d; 1 & 2
A
C (CPLR 105-H)
Created under NYS laws, or located in NYS and created under U.S. laws, or created by or pursuant to laws in force in the NY colony before April 19, 1775, Every other corporation is a “foreign corporation”
25
An infant may be of the age of
a; 18 c; 21
b; 20 d; 17
D (CPLR 105-J)
| Anyone under 18
26
An infant is a person who has not attained the age of
a; 14 c; 18
b; 17 d; 21
C (CPLR 105-J)
27
A _____ is a person against whom a money judgment has been entered
a; judgment creditor c; petitioner
b; judgment debtor d; none of the above
B (CPLR 105-M)
| Judgment debtor owes the money
28
Real property generally means land and _____
a; personal attire c; cars
b; chattels d; buildings
D (CPLR 105-S)
29
The _____ shall have the power to adopt, amend, and rescind an appendix of forms
a; Chief Clerk c; State Administrator
b; Chief Judge of the d; Administrator of the
Court of Appeals Appellate Division
C (CPLR 107)
30
John Smith has a money judgment against Robert Jones. John Smith works for ABC Stores and Robert Jones works for XYZ Inc. Which of the following 4 choices is not correct?
a; R.J is the judgment debtor c;A proper garnishee
b; J.S is the judgment creditor is not XYZ stores
d; A proper garnishee is not ABC stores
C (CPLR 105-J)
A garnishee is a person who owes a debt to a judgment debtor, or a person other than the judgment debtor who has property in which a judgment debtor has an interest
31
```
A garnishee is a person who
1. owes a debt to a judgment debtor
2. is other than the judgment debtor and has property in which a judgment debtor has an interest.
3. is entitled to the judgment proceeds
a; 1,2,3,&4 c; 2 & 3
b; 1 & 3 d; 1 & 2
```
D (CPLR 105-J)
32
The place where an action is triable means:
1. the place where the action is pending, or
2. if no action has been commenced, any proper place of trial or commencement of an action or
3. after entry of judgment, the place where the judgment was entered
a; 1 & 2 c; 2 & 3
b; 1,2 &3 d; 1 & 3
B (CPLR 105)
33
Which of the following statements are true?
1. Rules may be amended, rescinded, or additional rules adopted by act of the legislature
2. Civil and criminal trials may be merged.
3. Real property generally means land and buildings
4. The word law as used in the CPLR means any statute or any civil practice rule.
a. all 4 c. 1, 3 &4
b; 1, 2, 3 d;2, 3, 4
C (CPLR 102, 105, 106)
| Civil and criminal trials cannot be merged (tired together). They must be tried separately
34
If a court has obtained jurisdiction over parties, a civil proceeding shall not be dismissed solely because it is not brought in the proper form. The court shall:
a; adjourn the proceeding for re-service of the complaint
b; dismiss the proceeding only if the calendar is congested
c; relinquish its jurisdiction over the parties
d; make whatever order is required for its proper execution
D (CPLR 103)
35
Which of the following have no power to levy upon or sell real property, and have no power of arrest?
1. NYC marshal 2. sheriff
a; both c; 1 only
b neither d; 2 only
C (CPLR 105 S-1)
36
(CPLR 201) T/F, No court shall extend the time limited by law for the commencement of an action
T
37
(CPLR 201) T/F, The parties may agree in writing to a shorter time than that listed in the article..
T
38
(CPLR 202) If a cause of action accrues outside NYS the shorter statute of limitations of the 2 states applies, Exception: if cause of action accrues _____ of NYS resident, the S/L of NYS applies.
In favor
39
(CPLR 203) For an action to be commenced timely, the claim must be _____ within the prescribed S/L.
Interposed
40
(CPLR 203) In an action commenced by service, the claim is interposed when the summons and complaint are served or filed
Served
| the claim is interposed when the summons and complaint are served
41
(CPLR 207) If a person leaves the state, S/L tolls after person is outside state for ___ months
4
42
(CPLR 211) S/L in an action to recover interest or principal on a bond issued by the state is ____
20 years
43
(CPLR 212) S/L in an action to recover real property or its possessions is ____
10 years
44
(CPLR 213) S/L Action on a contract or where no specific S/L is prescribed is ____
6 years
45
(CPLR 217) S/L Proceeding against a body of officer is ___
4 months
46
(CPLR 211) S/L for an action for support, alimony, or maintenance based upon default in payment is
20 years
47
(CPRL 213) S/L on an action on mortgage upon real property is ____
6 years
48
(CPLR 213-A) S/L on a residential rent overcharge is ____
4 years
49
(CPLR 214) S/L on an action to recover a chattel is ____
3 years
50
(CPLR 213) S/L for an action for which no specifics s/l is prescribed is ____
6 years
51
(CPLR 214) S/L on an action for personal injury is ___
3 years
52
(CPLR 215) S/L on an action upon an arbitration award is ____
1 year
53
Which of the following S/L is not 20 years?
a. action to recover interest or principal on a bond 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 (CPLR 211 & 212)
54
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 s/l is prescribed
D (CPLR 213)
55
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 that listed in CPLR Article 2
a. both are not correct
b. only 1 is correct
c. only 2 is correct
d. both statements are correct
D (CPRL 201)
56
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 are not correct
b. only 1 is correct
c. only 2 is correct
d. both are correct
D (CPLR 203)
57
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 (CPLR 207)
58
If a person leaves the state after a cause of action has accrued against him, the s/l TOLLS (stops running) after he has been outside the state for ___
a. 1 year
b. 6 months
c. 4 months
d. 1 month
C (CPLR 207)
59
If a person against whom a cause of actin has accrued lives under a false name that is unknown to the person entitled to commence the action, the s/l tolls. 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 of 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 & 2
b. 1,2, & 3
c. 2 & 3
d. 1 & 3
B (CPLR 207)
60
S/L on a contract is ____
years
a.2 b.4 c. 6 d. 7
C (CPLR 213)
61
S/L on an arbitration award us ____ years
| a. 1 b, 2 c. 3 4. none of the above
A (CPLR 215)
62
S/L on an action for which no specific s/l is prescribed is ____ years
a. 2 b. 4 c. 6 d. 7
C (CPLR 213)
63
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, of podiatric malpractice where the person was under a disability due to infancy).
a.5 b. 7 c. 8 d. 10
D (CPLR 208)
64
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 c. 1 year...2 years
b. 18...1 year d. none of the above
A (CPLR 210)
65
Generally, plaintiff (of 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, or
3. dismissal for failure to prosecute the action
a. 1 b. 2 c 1 & 2 d. 1,2, & 3
D (CPLR 205)
66
(CPLR 302) T/F, The court shall not exercise personal jurisdiction over non-domiciliary
False
The court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent qualifies under the criteria in CPLR 302
67
(CPLR 303) Party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his attorney appears for him, the ____, during pendency of action
clerk of the court
68
(CPLR 304) If the court finds that circumstances prevent immediate filing, the signing of an order requiring filing on specified time and date (no later than ____ days thereafter) shall commence the action
5
69
(CPLR 304) T/F, Filing may be by electronic means, but not by facsimile transmission
False
70
(CPLR 305) If complaint is not served with summons, a _____ stating nature of action and relief sought must be attached
Notice
71
(CPLR 305) T/F, court may allow summons or proof of service of a summons to be amended only within 30 days after service
False
| amended at any time if a substantial right of a party is not prejudiced.
72
CPLR 306) Proof of service shall be in the form of a ____ if service is made by a sheriff or other public servant
certificate
73
(CPLR 306) If service is made by an individual, proof of service shall be in the form of a(n) ____
affidavit
74
(CPLR 308) Service may be made in such manner as the court directs upon motion (with/without) notice if service is impracticable under section 1, 2 and 4 of CPLR 308
without
75
(CPLR 309) Personal service on an incompetent may be made on the ____ of the incompetent.
committee
76
(CPLR 307) T/F, Personal service on attorney general may not be made to assistant attorney general in NYS
False
| May be made
77
(CPLR 308) In service to person of suitable age and discretion, mailing must be done within ___ days of service to person of suitable age and discretion
20
78
(CPLR 308) In nail and mail, filing proof of service must be done within ___ days of nailing or mailing whichever is done last
20
79
(CPLR 308) In nail and mail and service to person of suitable age and discretion, service is complete ___ days after filing proof of service
10
80
(CPLR 309) An infant of the age of 14 or over must also be served
14
81
(CPLR 310) To serve a partnership, who may be served?
any partner may be served
82
(CPLR 311) T/F A corporation can be served by serving any employee
False AMACDOG
| Assistant cashier, Manager, Agent, Cashier (tresurer), Director, Officer, General Agent
83
(CPLR 311) T/F To serve NYC, you can serve the mayor
False
| In NYC you cannot serve the mayor. (You can serve the mayor in other cities, but not NYC).
84
(CPLR 310-A & 311-A) T/F If service cannot be made as per the prescribed methods, service may be made in any manner the courts directs
True
85
(CPLR 312A) T/F You need a court order to serve by mail
False
| You do not need a court order to serve by mail
86
(CPLR 312A) T/F Service by mail can be done by plaintiff or any other person
True
87
(CPLR 312A) Acknowledgment of receipt must be mailed or delivered within ____ days of receipt
30
88
(CPLR 312A) Answer must be filed within ___ days after signed acknowledgment is mailed or delivered to sender
20
89
(CPLR 316) T/F A court order is needed for service by publication
True
90
(CPLR 316) Summarize service by publication requirements
1st publication shall be made within 30 days after the order is granted. 2 newspapers, at least 1 in English, at least 1 in each of 4 consecutive weeks. Service is complete on the 28th day after the day of 1st publication. (In matrimonial actions, 1 newspaper at least one in each of consecutive weeks. Mailing of summons to person served is also required in matrimonial action). Service is complete on the 21st day after 1st publication.
91
(CPLR 317) A person not served by personal delivery has up to __ year(s) after he discovers default judgment to come in and defend action (but no more than 5 years after entry of judgment).
1 (but no more than 5 years after judgment is entered). A person not served by personal delivery has up to 1 year after he discovers default judgment to come in and defend action (but no more than 5 years after entry of judgment)
92
(CPLR 320) When summons is served by personal delivery within NYS, defendant has ___ days after such delivery to answer.
20
93
(CPLR 320) When a summons is served by other than personal delivery, defendant has ___ days after service is complete to answer
30
94
(CPLR 321) A corporation and voluntary association must appear by _____.
attorney
95
(CPLR 311) To serve a corporation, you can serve an officer, director, manager, cashier (treasurer), assistant casher or ____.
agent
96
(CPLR 304) What commences an action?
filing of the summons and complaint (or summons with notice). A special proceeding is commenced by the filing of the petition
97
(CPLR 304) T/F The service of a notice of petition commences a special proceeding
False
| Generally the FILING of the petition commences a special proceeding
98
(CPLR 304) T/F Filing under this section means the delivery of the summons with notice or summons and complaint to the clerk of the court (CPLR 304)
False "Filing" includes payment to the clerk of the required fee. ALSO, where court finds that immediate filing cannot be done, SIGNING by the court of and order requiring filing at specified date and time within 5 days of signing of the order commences the action
99
(CPLR 304) T/F At the time of filing the petition and notice of petition, the clerk is required to date stamp the original papers, but not copies thereof.
False, Clerk must stamp the original and 1 copy
100
(CPLR 304) If filing is by fax, clerk must return a date stamped copy of ______ and the index number
the fist page of the papers
101
(CPLR 304) If filing is by electronic means, clerk must notify filing part of ____ and date and time of filing
index number
102
(CPLR 305) A summons shall specify: 4 things
1. basis of venue 2. residence of plaintiff (if based on residence) 3. index number 4. date filed with clerk
103
(CPLR 305) T/F In a consumer credit transaction, county of residence of defendant (if within NYS) and county where transaction took place (if within the state) must appear on the summons.
True
104
(CPLR 305) A ____ is used to bring a new party into an action
supplemental summons
105
(CPLR 306b) In a Supreme Court case, generally service must be made within ____days after filing summons and complaint.
120
106
A party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his:
a. agent c. attorney
b. out of state mailing address d. none of the above
C (CPLR 303)
| or if no attorney appears for him, Clerk of court, during pendency of action).
107
A special proceeding is commenced by:
a. filing of summons and complaint or summons with notice
b. service of summons and complaint or summons with notice
c. filing of petition
d. service of petition and notice of petition
C (CPLR 304)
108
Which of the following is not correct? At the time of filing of a petition, the shall:
a. stamp the original and a coy of the papers.
b. retain the original
c. return the copy to the party filing the papers
d. mail by certified mail a copy to the respondent
D (CPLR 304)
| The clerk is not required to mail a copy of the papers to the respondent
109
Which one of the following is not correct?
a. Filing may be done by facsimile transmission (FAX) or by electronic means
b. If filing is by fax, clerk must return date stamped copy of all pages of the papers and the index number
c. If filing is by electronic means, the clerk must notify the filing party of the index number and date and time of filing.
d. A confirmation record of fax machine or computer and affidavit of filing by filing party is prima facie evidence of transmittal
B (CPLR 304)
| Clerk must return date stamped copy of first page of papers and the index number (not a copy of all the papers)
110
Which of the following is not correct? A summons shall specify:
a. basis of venue designated (and plaintiff's address if that is basis of venue)
b. index number
c. name of clerk who issued index number
d. date of filing with the clerk of the court
C (CPLR 305)
111
Which of the following is not correct? A summons in a consumer credit transaction shall:
a. prominently display at the top of the summons the words "consumer credit transaction", and
b. specify the county of residence of the defendant (if defendant lives within NYS), and
c. specify county where transaction took place, if within NYS
d. specify the county where item was manufactured.
D (CPLR 305)
| Consumer credit transaction does not have to specify the county where item was manufactured
112
Court may allow summons or proof of service of a summons to be amended _____ if a substantial right of a party is not prejudiced.
a. at the time of filing proof of service only
b. within 15 days of service
c. within 30 days of filing proof of service
d. at any time
D (CPLR 305)
113
Which of the following is not correct? Upon the filing of the summons and complaint (or summons with notice) in Supreme or County Court:
a. an index number shall e assigned
b. a fee shall be paid
c. if the filing is to bring in a third party, a fee shall be paid.
d. if the filing is to bring in a third party, a separate index number shall be assigned
D (CPLR 306-A)
an index number shall be assigned and the fee paid (except that when the filing is to bring in a third party, a fee shall be paid, but a separate index number shall not be assigned)
114
An individual who has suffered personal injuries and received medical assistance from social services and commences an action shall notify social service district or department of health (certified mail, return receipt requested) within ___ days of completion of service on all parties
a. 30 b. 60 c. 90 d. 120
B (CPLR 306-C)
115
Which of the following statements is not correct? Personal service upon a natural person may be made:
a. by personal delivery of the summons to person within NYS
b. by delivery of summons in NYS to person of suitable age and discretion,at person's place of business, dwelling, abode, and either mailing summons to person's last known residence or actual place of business (first class mail) with notation "personal and confidential" on envelope.
c. delivery and mailing must be made within 20 days of each other.
d. filing with clerk must be done within 20 days of delivery or mailing (whichever is done last)
e. service is complete 20 days after filing proof of service
E (CPLR 308)
| Service is complete 10 days after filing proof of service
116
Where the court directs that a new party be joined in the action and the order is not made upon the new party's motion, a _____ summons shall be served upon such party.
a. third party b. interpleader c. supplemental d. duplicate
C (CPLR 305)
117
Which of the following is false: Proof of service may be
1. in the form of a certificate, if service was made by a sheriff
2. in the form of an affidavit, if service was made by a person
3. in form of affidavit, if service was made by authorized public officer
a. 1 & 3 only b. 1 only c. 3 only d. 2 & 3 only
C (CPLR 306)
| If service is made by a public officer, the proof of service shall be in the form of a certificate.
118
If proof of service in an action commenced in supreme or county court is not filed with the clerk of the court within 120 days after date of filing of the summons and complaint:
a. action will be automatically dismissed
b. defendant may move for dismissal
c. time to file is automatically extended by 10 days
d. non of the above
B (CPLR 306-B)
119
Where service is by NAIL AND MAIL or by delivery to person of suitable age and discretion and then mailing, delivery and mailing must be done within 20 days of each other. In such cases, service is complete ___ days after filing proof of service is filed with the clerk
a. 10 b. 20 c. 30 d. none of the above
A (CPLR 308)
120
In personal service upon an infant, if the infant is of the age of ___ or over, the summons shall also be personally served on the infant.
a. 7 b. 10 c. 14 d. 16
C (CPLR 309)
121
Which of the following is false? Personal service on partnership may be made by personally serving summons on:
1. any one of the partners
2. the managing agent of partnership, and mailing to a named partner.
3. the spouse of any one of the partners, and mailing to a partner
4. person in charge of partnership office in NYS, and mailing to partner
a 1 & 4 only b. 2 only c. 3 only d. 2 & 3 only
C (CPLR 310)
| A partner my be served, by not the spouse of the partner.
122
A person to whom summons was not personally delivered and who does not appear may be allowed to defend the action within ___ year(s) after he obtains knowledge of the entry of judgment. However the preceding period cannot extend more than ___ years after such entry.
a. 1..5 b. 4..7 c. 5..7 d. 7..20
A (CPLR 317)
123
Which of the following statements are true? A court may exercise personal jurisdiction over any non-domiciliary, his executor or administrator who in person or through an agent:
1. transacts business within NYS or contracts anywhere to supply goods or services in NYS, or
2. commits a tortious act without the state (except defamation of character); or
3. owns, uses or possesses any real property in the state.
a. 1,2 & 3 b. 1 & 2 only c. 2 & 3 only d. 1 & 3 only
D (CPLR 302)
| commits a tortious act WITHIN the state (except defamation of character
124
Which of the following 2 statements are true?
Filing may be done by facsimile transmission (FAX) or by electronic means (CPLR 2103(F))
1. If filing is by fax, clerk must return date stamped copy of first page of papers and the index number
2. If filing is by electronic means, clerk must notify filing party of index number, date and time of filing
a. 1 only b. 2 only c. both 1 & 2 d. neither 1 nor 2
C (CPLR 304)
125
A summons shall specify:
1. basis of venue designated (and plaintiff's address if that is basis of venue)
2. index number
3. date of filing with the clerk of the court
a. 1 & 2 only b. 1, 2 & 3 c. 1 & 3 only d. 2 & 3 only
B (CPLR 305)
126
A summons in a consumer credit transaction shall:
1. prominently display at top of the summons the word "consumer credit transaction", and
2. specify the county of residence of the defendant (if defendant lives within NYS), and
3. specify county where transaction took place, if outside NYS.
a. 1, 2 & 3 b. 1 only c. 1 & 3 only d. 1 & 2 only
D (CPLR 305)
| County outside NYS is not a requirement
127
Which of the following 2 statements are correct?
1. Generally, proof of service must specify papers served, date, time, and address of service (if no address, place and manner of service) and facts showing service was done by an authorized person in an authorized manner
2. If service is made by delivery to an individual, proof of service (affidavit) shall include description of person (sex, skin color, hair color, approx. age, weight and height, and other identifying features),
a. 1 only b. 2 only 3. both 1 & 2 d. neither 1 nor 2
C (CPLR 306)
128
One method of personal service on a state officer sued in his official capacity is to deliver the summons to the ___ of designee of the agency.
a. secretary of the agency
b. supervisor of the office
c. person of suitable age and discretion at agency
d. chief executive officer
D (CPLR 307)
129
Which is not correct? Personal service on infant may be made by personally serving summons within NYS:
a. upon a parent or any guardian, or
b. other person having legal custody, or
c. if infant is married, to adult spouse with whom infant resides or,
d. if none are within NYS, to any teacher at the infant's school
D (CPLR 309)
| Teachers may not be served in lieu of an infant
130
Which of the following statements relating to service of defendant in parenthesis is not correct?
a. (NYC) You can serve mayor or other person designated by him to receive process
b. (Any city other than NYC) You can serve the mayor, comptroller, treasurer, counsel, clerk
c. (County) You can serve chairman or clerk of board of supervisors < clerk, attorney or treasurer
d. (Town) You can serve supervisor or clerk
A (CPLR 311)
| You cannot serve the mayor in NYC.
131
Which is false relating to service by publication? Order shall direct that the following be published:
a. summons and a brief statement of nature of action and relief sought
b. notice to plaintiff
c. sun of money for which judgment will be taken in case of default (except in medical malpractice)
d. brief description of real property (if it is subject of litigation)
B (CPLR 316)
| Notice to plaintiff is not listed as a requirement
132
Which of the following statements is not correct?
a. 325(a) The supreme court, upon motion, can remove a case from a court where an action was commenced by mistake to the proper court
b. 325(b) Upon motion, a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which has the required jurisdiction
c. 325(c) On consent to a court of limited jurisdiction (amount of damages demanded is reduced to within the monetary jurisdiction of the court of limited jurisdiction).
d. 325(d) Without consent (at the court's discretion) to a court of limited jurisdiction (however, the monetary limit remains that of the original court).
B (CPLR 325)
Upon motion, a court having the necessary jurisdiction to grant the relief that parties are entitled to may remove to itself an action in a court which DOES NOT have the required jursdiction.
133
Which of the following statements is not correct?
a. 325(d) Without consent (at the court's discretion) to a court of limited jurisdiction(however, the monetary limit remains that of the original court).
b. 325(e) Upon motion, the supreme court can remove a case from the supreme court to the surrogate's court where a decedent's estate is not affected.
c. 325(f) If county judge is incapacitated, supreme court may remove an action from county court to itself.
d. 325(g) A judge of a county court may transfer a case from one local court to another in the same county or adjoining county where it appears that the case will not be disposed of within a reasonable time due to death, disability, incapacity of judge or inability to form a jury.
B (CPLR 325)
| 325(E) decedent's estate IS affected
134
Which of the following statements are false?
a. If an order of removal is made by a court other than the court where the action is pending, a conformed copy of the order of removal shall be filed in the court where the action is pending
b. When the clerk where the action is pending recieves the order, he shall forthwith deliver to other court all papers and records in the action, land certified copies of all minutes.
c. The receiving clerk shall file, enter and record the papers as required.
d. Subsequent proceedings shall be had in the court to which the case has been removed as if the action had been originally commenced there and no process, provisional remedy or other proceeding taken in the court from which the action was removed shall e invalid as a result of the removal.
A (CPLR 326)
If an order of removal is made by a court other than the court where the action is pending, a CERTIFIED COPY of the order of removal shall be filed in the court where the action is pending.
